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03-18-2024 MTG #10 Regular Town Board Meeting, 03-18-2024, MTG 910 636 REGULAR TOWN BOARD MEETING MTG #10 MARCH 181h, 2024 RES #109-127 7:00 P.M. BOH #28-33 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN MICHAEL DIXON COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ PRESS LOOK TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 109, 2024 INTRODUCED BY: Mr. Michael Dixon 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 181h day of March, 2024 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None 1.1 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF CAMP ALLEGRA/JOSHUA'S ROCK CORP. Publication Date: March 9, 2024 SUPERVISOR STROUGH reviewed the proposed sewage variance application and the nine variances being requested. This is for property on 2 Joshua Rock Road and the agent for the applicant is present and ready to expand beyond a description of what I just gave. And please introduce yourself for the record and feel free to add anything to what I said. And the first thing I'll do is I'll see if the Town Board has questions and then we have a public hearing on this. So, I'll ask you to sit down but you may have to return to answer some of the concerns from the public. Okay, so go ahead Erik. Regular Town Board Meeting, 03-18-2024, MTG 910 637 ERIK SANDBLOOM-Good evening, Erik Sandbloom from SRA Engineers, we're the agent for the applicant. So,the applicant leases the property, and it is a, that the lease area is quite small. It's bounded on one side by a stream that flows into Lake George and by Lake George itself. What they have now is a substandard system, it's basically a leeching pit, or a cesspool, whatever you want to call it. It does not meet the standards of, and they desire to put something in there that better meets the standards. It's just that there's no real opportunity to meet the setback requirements primarily. It is a long list of variances but the reason for that is because they conglomerate and for one reason, for instance, the septic tank itself is not able to meet the setback requirement to the lake. So,that also means that the pipe leading to the septic tank can't, the pump station can't, the force main and so they kind of conglomerate so it does look like it's quite a lot there, but we wanted to be thorough and make sure we were getting all the bases covered on that. These, what is proposed consists of a, oh I am sorry, another piece here they have the applicant has been awarded a Grant from Warren County to help them finance this project. Although their lease boundary is very limited,they have negotiated with Rogers Rock Corporation to utilize some of the space to the North of the lot line up to a row of cedars or hemlocks it's an evergreen row that's there and also with the agreement. SUPERVISOR STROUGH-Alright one of those... MR. SANDBLOOM-Also to clarify on some of the setbacks, since we touched upon it at the site visit earlier today. The setbacks to the mound or to the disposal field are measured from the toe of the mound system as is required by rules. For your information, the area where the septic affluent is, is applied and where it's treated in the Eljen units themselves are 82 feet from the Lake and 71 feet from the stream. So, I know that's not part of the variance, but I wanted you to understand that separation. SUPERVISOR STROUGH-So, and for the public you have a mounded system, so you are going to have a slope, then you have a system and then a slope. The basic system's here but because it's all part of the infiltration system you count the toe, where the actual bed is farther from the Lake than indicated here. Okay. MR. SANDBLOOM-So knowing that these variances are going to be required we wanted to promote a, what would meet the definition of Enhanced Treatment Unit and that's why we went with the Eljen Units. The mound system itself is sized 100 percent for a conventional system in accordance with the percolation rate, which is 16 minutes per inch. So, we are not talking about a really fast perk rate or something like that and we felt that because of that it's a fully sized system even though it can't meet all the setbacks. It's, we feel that it provides good protection of Lake George with that ETU technology if a, if we weren't able to get that size, we would certainly be looking at yet additional but this, we feel provides good protection for the Lake. The Eljen Unit is certified to meet NSF 40 Standards which means that at the bottom of the system sand it needs to meet secondary treatment standards. Which are, I believe, you know around 30 milligrams per liter of DOD and TSS and if you think that domestic waste is going to be somewhere in the vicinity of 150 milligrams per liter after the septic tank. So, you know we're getting a good 80 percent or so of treatment before it even enters the soil that's underneath it and so that'd be, we still have three feet of separation from that point to the, to the groundwater through imported granular material that make up the mound sand and native material which we have 29 inches to groundwater there. SUPERVISOR STROUGH-Alright for the sake of the public, State Code 75A says that if you put an Enhanced Treatment Unit in such as you are with Eljen system you can do a reduction in the size of the bed 30 percent, something like that. But you've decided not to, you're going to go with the full size to ensure some extra protection. You put it as far away as the property lines will allow you and the other structures from Lake George as you possibly can. Alright, questions from the Town Board? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Having none at this time, are there any members of the public, and I do have a letter. Where did I put it? From Mark Haverly, an adjoining neighbor on the south side just was wondering if the Town Board could condition this to have the applicant put a native planted buffer around the shoreline of the property? I don't know if that falls within the purview of the scope of what we can and can't do. We're looking at the system, the septic system Regular Town Board Meeting, 03-18-2024, MTG 910 638 variances from Town Code which are very common because the Town Code is under ideal situations and very few lots, especially on Lake George, meet those ideal conditions. So, you have to give variances but that would be more of a Planning Board action I believe. MARK HAVERLY-It's, it's the wrong. SUPERVISOR STROUGH-But I don't think the Town Board conditions their approval or not on a septic by requiring a shoreline buffer. TOWN COUNSEL SCHACHNER-Are you looking here? SUPERVISOR STROUGH-Yes, I'm looking at you Mark. TOWN COUNSEL SCHACHNER-I mean you could only do it if there if it had a rational connection to the criteria for the granting of the variance. SUPERVISOR STROUGH-Yes, and it... TOWN COUNSEL SCHACHNER-That's up to you but that might be a stretch. SUPERVISOR STROUGH-I think it would be a stretch for us, it's more of a Planning Board thing. Let me turn my phone off. MR. HAVERLY-Can I interrupt here? That's not for. SUPERVISOR STROUGH-No not now, Sir. MR. HAVERLY-I'm Mark Haverly. SUPERVISOR STROUGH-There will be an opportunity for you to speak. DEPUTY TOWN CLERK MURPHY-He's reading it for the wrong one. SUPERVISOR STROUGH-Very shortly. COUNCILMAN METIVIER-What? DEPUTY TOWN CLERK MURPHY-He's reading that to the wrong, to the wrong Public Hearing. COUNCILMAN MCNULTY-We just have to bring you up to the mic sir that's why. SUPERVISOR STROUGH-So, Erik, I am going to open the Public Hearing right now and ask you to return to your seat and I may ask you to return to the desk to respond to some of the public's concerns. COUNCILMAN METIVIER-John, is that the right letter? SUPERVISOR STROUGH-What's that? COUNCILMAN METIVIER-Is that the correct letter for this Public Hearing? DEPUTY TOWN CLERK MURPHY-He's saying that goes to a different Public Hearing. The one for this Public Hearing is a different person. SUPERVISOR STROUGH-Is what? This is the Joshua's Rock. DEPUTY TOWN CLERK MURPHY-You said Mark Haverly though, that's what he's saying. SUPERVISOR STROUGH-Oh oh, I see Anthony Jackson. DEPUTY TOWN CLERK MURPHY- Yes, that's what he was saying. Regular Town Board Meeting, 03-18-2024, MTG 910 639 SUPERVISOR STROUGH-Thank you. Okay. MR. HAVERLY-Sorry to interrupt but. SUPERVISOR STROUGH-That's all they want. Alright, so the letter was from Anthony Jackson, MD. 4 Highview Road and that's what they said, and I don't think its purview here unless it was directly related to the septic system which I think I agree with Town Counsel and that would, might be a stretch. Okay, anybody from the public would like to speak to this septic variance request from Camp Allegra part of the Joshua Rock System? I say Joshua Rock because Edgar Eggleston, a famous mid 19 century author, very popular in the 1850's, 1860's quite a very good writer. I've read one of his books just to get familiar with him, but he has a little library there and a whole family system has developed there, and it's got quite an interesting history beyond what I've told you but. Anybody like to speak to this? Again, indicate your interest. Alright, seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Any. COUNCILMAN FREER-So John. SUPERVISOR STROUGH-Yes. COUNCILMAN FREER-I didn't speak up before because I wanted to hear what the, if there was anybody from the public but from my standpoint I understand that Eljen system is an Enhanced Treatment Unit but I don't believe we've approved stuff closer than 50, 52 feet or even close to that without encouraging the applicant to consider a Fuji type system which I know is more expensive and I know you meet requirements but this is in my mind not the best solution for the Lake. Especially since we have the Lake on one side and the stream on the other side. I plan on not approving this and would urge consideration of a Fuji. SUPERVISOR STROUGH-Alright other Town Board thoughts? COUNCILMAN MCNULTY-Well, as the engineer laid out and we walked the plan it meets the requirements, you brought it up, it's not a premier system but it is a system that would take care of the requirements as currently exist under the Town's regulations so. If we want to make that a formal change, there's other ways to do that I wouldn't suggest doing that here but it meets the regulations now, so I plan on supporting it. SUPERVISOR STROUGH-Well and it actually in my sense of mind, it is an Enhanced Treatment Unit. I prefer, really prefer a pretreatment but this is nevertheless an Enhanced Treatment and the other thing that I think goes in the applicant's favor is it's larger than it has to be, which is in my mind a good thing. So, I don't know. Anybody else? Thoughts? COUNCILMAN DIXON-I had, I do have a question that didn't dawn on me until this moment but is that just a seasonal use camp? Is it used in the wintertime? MR. SANDBLOOM-Yes, it is seasonal, it's seasonal. COUNCILMAN DIXON-When are they typically using it? They show up in the spring, summer? MR. SANDBLOOM-Yes, I mean typical Lake George seasonal you know probably at the earliest maybe somewhat in May but usually doesn't, usually between Memorial Day and Labor Day. COUNCILMAN DIXON-Thank you. Regular Town Board Meeting, 03-18-2024, MTG 910 640 SUPERVISOR STROUGH-Alright if there's no further questions from the Board I'll entertain a motion. RESOLUTION APPROVING THE CAMP ALLEGRA LEASEHOLD AND JOSHUA'S ROCK CORPORATION'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 28,2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michael Dixon WHEREAS, the Camp Allegra Leasehold and Joshua's Rock Corporation (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement onsite wastewater treatment system with certain of its components to be located as follows: 1. House sanitary sewer pipe 37.1' from Lake George in lieu of the required 50' setback; 2. Septic tank 31.2' from Lake George in lieu of the required 50' setback; 3. Pump station 34.3' from Lake George lieu of the required 50' setback; 4. Effluent line to distribution box (force main) 37.8' from Lake George in lieu of the required 50' setback; 5. Effluent line to distribution box (force main) 4.9' from the dwelling in lieu of the required 10' setback; 6. Distribution box 63' from the Lake George tributary in lieu of the required 100' setback; 7. Absorption field (Eljen mound) 61.2' from Lake George in lieu of the required 100' setback; 8. Absorption field (Eljen mound) 52.5' from the Lake George tributary in lieu of the required 100' setback; and 9. Absorption field(Eljen mound) 6.6' from the property line in lieu of the required 10' setback; on property located at 2 Joshua Rock 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, March 18'', 2024, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, Regular Town Board Meeting, 03-18-2024, MTG 910 641 NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of the Camp Allegra Leasehold and Joshua's Rock Corporation for variances from the Sewage Disposal Ordinance to install a replacement onsite wastewater treatment system with certain of its components to be located: 1. House sanitary sewer pipe 37.1' from Lake George in lieu of the required 50' setback; 2. Septic tank 31.2' from Lake George in lieu of the required 50' setback; 3. Pump station 34.3' from Lake George lieu of the required 50' setback; 4. Effluent line to distribution box (force main) 37.8' from Lake George in lieu of the required 50' setback; 5. Effluent line to distribution box (force main) 4.9' from the dwelling in lieu of the required 10' setback; 6. Distribution box 63' from the Lake George tributary in lieu of the required 100' setback; 7. Absorption field (Eljen mound) 61.2' from Lake George in lieu of the required 100' setback; 8. Absorption field (Eljen mound) 52.5' from the Lake George tributary in lieu of the required 100' setback; and 9. Absorption field(Eljen mound) 6.6' from the property line in lieu of the required 10' setback; on property located at 2 Joshua Rock Road in the Town of Queensbury and bearing Tax Map No: 239.19-1-2, and BE IT FURTHER, Regular Town Board Meeting, 03-18-2024, MTG 910 642 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 18'h day of March, 2024, by the following vote: AYES Mr. Metivier, Mr. Dixon, Mr. McNulty, Mr. Strough NOES Mr. Freer ABSENT: None 1.2 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF THEODARE R. PELTIER FAMILY TRUST Publication Date: March 9, 2024 SUPERVISOR STROUGH reviewed the proposed sewage variance application and the one variance being requested. There is a Public Hearing on this tonight which I will open shortly after Town Board discussions and so the agent for the applicant if you would please introduce yourself and then feel further to add additional information. MACKENZIE PELTON-Mackenzie Pelton from Rucinski Hall Architecture. So, for this system we have designed a mound going back toward the back of the property. In conducting a survey from VanDusen and Steves we did get a, about a 78-foot radius from the well to get the system in with a three-foot separation to groundwater, that we encountered at 16 inches below grade and maintaining a three on one for the slope on all sides. There's also a mound next door that is connecting to the adjoining building. They pump it out to the back of the property to reach their 100-foot separation from their well as well as 100 foot from the property. So,the mound is pretty similar off the back edge there. The existing system is just a tank and from what we assume is either a dry well or a leech field and with the groundwater at 16 inches it is pretty clear that anything below grade is not up to the Code. SUPERVISOR STROUGH-And we did establish that after the mound goes in you'll have an excess of three feet from the groundwater table... MS. PELTON-Yes. SUPERVISOR STROUGH-Questions from the Town Board before I open the Public Hearing? COUNCILMAN FREER-Just to go on the record in these cases where we get next to minimal distance from wells they are using a UV at the water source. That's a very good idea. Regular Town Board Meeting, 03-18-2024, MTG 910 643 MS. PELTON-Yes, he, the owner is following the guidelines for, I can't remember what it was, but they have to test the water every year within how many feet of the Lake. SUPERVISOR STROUGH-Do they have UV protection on the water now? MS. PELTON-They do already yes. Yes. SUPERVISOR STROUGH-Any other questions from the Town Board? Alright, I'll open the Public Hearing. Is there anybody that would like to speak to this sewage disposal variance being requested by the Peltier Family Trust of 2460 Ridge Road? Seeing none, I'll close the Public Hearing. Any additional thoughts from the Town Board? I'll entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING THE THEODORE R. PELTIER FAMILY TRUST'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 29,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Theodore R. Peltier Family Trust (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement sewage disposal system with its mound toe of slope to be located 78' from the well in lieu of the required 100' setback on property located at 2460 Ridge 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 request on Monday, March 18'', 2024, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary Regular Town Board Meeting, 03-18-2024, MTG 910 644 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 the Theodore R. Peltier Family Trust for a variance from the Sewage Disposal Ordinance to install a replacement sewage disposal system with its mound toe of slope to be located 78' from the well in lieu of the required 100' setback on property located at 2460 Ridge Road in the Town of Queensbury and bearing Tax Map No: 240.6-1-33, 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 variance is contingent upon the Applicant agreeing to install and maintain an ultraviolet disinfection systems or equal (as determined by the Town Code Enforcement Officer) on the water supply line from their well, 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 18'h day of March, 2024, by the following vote: AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None 1.3 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF LORRAINE KEIS Publication Date: March 9, 2024 Regular Town Board Meeting, 03-18-2024, MTG 910 645 SUPERVISOR STROUGH reviewed the proposed sewage variance application. LISA MIKULA-Hi, good evening. SUPERVISOR STROUGH- Jeff couldn't make it. MS. MIKULA-Right, Jeff could not make it. I'm Lisa Mikula, Lorraine Keis' daughter. SUPERVISOR STROUGH-Alright, Alright. Lisa, I'll get to you in a minute, Lisa Mikula. SUPERVISOR STROUGH continued to review the five variances being requested. This is for property located on 276 Cleverdale Road and Lisa, you've introduced yourself. Is there anything you'd like to add to this? MS. MIKULA-Well, we've been working with Jeff to develop a plan that would be passed and acceptable for everyone and unfortunately, he can't be here tonight so I feel like I'm not able to explain the details as you know, an engineer would but we do want to be compliant with the systems that are required and we're looking to go forward with this as soon as possible. I believe I spoke with Jeff earlier today and I think there is one additional tree. If we take additional tree down, we would be able to make a little more room for the system to go in and I believe we could be within the 10 feet that's in question at this time. SUPERVISOR STROUGH-Yes, we mentioned if he has to shift things around a little bit more, he will have to get that northern tree. MS. MIKULA-Yes and we're not opposed to that. SUPERVISOR STROUGH-Anything from the Board? COUNCILMAN MCNULTY-I think John just for the record the engineer he has a family issue and so he went through a lot of the specifics with us so you wouldn't have to so you're not really on the, on the, on the seat for that. MS. MIKULA-Right, because I cannot explain that system to save my life. SUPERVISOR STROUGH-Alright and so this particular is an Enhanced Treatment Unit and that they are also proposing an Eljen system and but they are using 75, a reduction in size. Okay just a note of that and so I'm going to open the Public Hearing. COUNCILMAN MCNULTY-John if we could, question for the Board. The discussion you and Harrison were having is this in line with what the Lake says now... SUPERVISOR STROUGH-It wouldn't be in line with the Lake George Park Commission, but it is in line with Chapter 136 of our Town Code, until we change it. We did offer to change it but we haven't gotten there yet. COUNCILMAN MCNULTY-Okay, thank you. SUPERVISOR STROUGH-Any member of the public wish to speak to this? I know we, Mr. Haverly, did ask you know to clarify that property line which I made the point of doing. Is there any member of the public that would like to speak to this particular variance application? MR. HAVERLY-Yes, I have a question. SUPERVISOR STROUGH-Mr. Haverly come on up. MR. HAVERLY-Come on up? SUPERVISOR STROUGH-Yes you can sit down, Mrs. Mikula. MS. MIKULA-Thank you. Regular Town Board Meeting, 03-18-2024, MTG 910 646 MR. HAVERLY-Hi Mark Haverly at 272 Cleverdale so next door neighbor. Just one question, the Keis' own the lot across the street why would that not be a better spot for this? But I'm asking. SUPERVISOR STROUGH-Well I can ask her. MR. HAVERLY-Yes that a,that's all. SUPERVISOR STROUGH-Yes alright. MR. HAVERLY-That wouldn't be a bad spot. SUPERVISOR STROUGH-Alright, I'll try to get an answer for that. MR. HAVERLY- Thanks Sir. SUPERVISOR STROUGH-Okay. Anybody else? Mrs. Mikula will you return to the table? You have an empty lot, or the owner of the property has an empty lot across the street? MS. MIKULA-There is a lot across the street, yes. SUPERVISOR STROUGH-So and they don't want to use that to put your? MS. MIKULA-No and we wanted it, it wasn't even, we never discussed it. Just seemed as though it would be better to keep it closer to the house than across the street, it seemed. SUPERVISOR STROUGH-Is that lot a buildable lot that's across the street? MS. MIKULA-It is a buildable lot. COUNCILMAN MCNULTY-Do you own the lot? MS. MIKULA-Pardon me? COUNCILMAN MCNULTY-Do you own the lot? MS. MIKULA-I do not, my mother does. COUNCILMAN MCNULTY-Okay so its part of the property now. MS. MIKULA-Yes, it is. COUNCILMAN MCNULTY-Okay. SUPERVISOR STROUGH-Alright and the current disposal field is 175 feet from the Lake which is significantly more than some of the others that we have approved that are even less than 100. Alright, any other questions before? COUNCILMAN FREER-Just I want to go on the record that while I plan on supporting this there's a question about, at least in my mind that the Lake George Park Commission no reduction for Enhanced Treatment Units doesn't apply in their basin and this property is in the Lake George Basin. So, it was confusing when the engineer was talking about exactly what kind of reduction they were taking and probably end up in court if Lake George can figure out whether if we have the authority to even waive it. But I'm prepared to approve this but I still think we need to check on our rights and responsibilities and authorities with the Lake George Park Commission. SUPERVISOR STROUGH-We could make that absolutely clear by adopting the law as I presented it to you. COUNCILMAN FREER-And I'm happy to do that. I thought your whole discussion was how to, did it affect Glen Lake and Sunnyside Lake and the other waterfront residentials. But I thought, Regular Town Board Meeting, 03-18-2024, MTG 910 647 when I understood it,that Lake George Park Commission will apply to the whole basin and this property is in the Basin. SUPERVISOR STROUGH-Any further public wish to speak to this? Okay, seeing none I will close the Public Hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING LORRAINE KEIS' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 30,2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michael Dixon WHEREAS, Lorraine Keis (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement onsite sewage disposal system with certain of its components to be located as follows: 1. disposal field 2' from the property line in lieu of the required 10' setback; 2. disposal field 6' from the residence in lieu of the required 20' setback; 3. septic tank 5' from the residence lieu of the required 10' setback; 4. septic tank 6' from the property line in lieu of the required 10' setback; and 5. disposal field 175' from Lake George in lieu of the required 200' setback; on property located at 276 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, March 18'', 2024, 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 Regular Town Board Meeting, 03-18-2024, MTG 910 648 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Lorraine Keis for variances from the Sewage Disposal Ordinance to install a replacement onsite sewage disposal system with certain of its components to be located: 1. disposal field 2' from the property line in lieu of the required 10' setback; 2. disposal field 6' from the residence in lieu of the required 20' setback; 3. septic tank 5' from the residence lieu of the required 10' setback; 4. septic tank 6' from the property line in lieu of the required 10' setback; and 5. disposal field 175' from Lake George in lieu of the required 200' setback; on property located at 276 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 226.16-1-43, 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 18'h day of March, 2024, by the following vote: AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None Regular Town Board Meeting, 03-18-2024, MTG 910 649 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF J & D MARINA, LLC RESOLUTION NO.: BOH 31,2024 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, by Resolution No.: BOH 20, 2023, the Local Board of Health approved the application of J&D Marina, LLC(Applicant) for variances from the Sewage Disposal Ordinance to maintain an existing septic treatment system not meeting today's current requirements on its property located at 2546 State Route 9L in the Town contingent upon the Applicant installing flow monitoring equipment and if maximum daily flow exceeded 500 gallons, Applicant would further apply for an improved system to properly treat the actual flow amounts, and WHEREAS, Applicant has completed such flow metering and as a result wishes to expand the size of the soil absorption disposal field which will require an additional variance from Chapter 136 to allow a 2' vertical separation from the bottom of the disposal field to groundwater in lieu of the required 3' vertical separation, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing on Monday, April 1", 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider J & D Marina, LLC's sewage disposal variance application concerning property located at 2546 State Route 9L, Queensbury(Tax Map No.: 240.5-1-26) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500' of the applicant's property as required by law. Duly adopted this 18'h day of March, 2024, by the following vote: Regular Town Board Meeting, 03-18-2024, MTG 910 650 AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF EAST LAKE GEORGE HOUSE, LLC RESOLUTION NO.: BOH 32,2024 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, East Lake George House, LLC (Applicant) has applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicant wishes to temporarily connect four (4) future dwelling structures (their construction to be approved by the Planning and Zoning Boards), each to two (2) 2,000 gallon precast concrete holding tanks, for a total use of eight(8)total holding tanks, while the Rockhurst Community Sewer Project is underway, with the holding tanks only to be temporary until the Sewer Project is complete and structures can be connected, on property located at 9 Seeyle Road North 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 April 1st, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kirkpatrick Family Homes' sewage disposal variance application concerning property located at 9 Seeyle Road North in the Town of Queensbury (Tax Map No.: 227.17-1-60) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Regular Town Board Meeting, 03-18-2024, MTG 910 651 Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 33, 2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michael Dixon RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 18fh day of March, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None 2.0 PUBLIC HEARING 2.1 PUBLIC HEARING—PROPOSED 2024 AMENDMENT AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH WEST GLENS FALLS EMERGENCY SQUAD, INC. Publication Date: March 9, 2024 SUPERVISOR STROUGH reviewed the proposed Amendment Agreement with West Glens Falls Emergency Squad, Inc. There's a Public Hearing on this tonight and so are there any questions from the Town Board? We do have representatives here. COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-We did discuss this in our Workshop. COUNCILMAN MCNULTY-If I may John just that at the Workshop, they presented the data that shows that this additional five hours is a sweet spot and there is a requirement, so they did their homework and they presented as you said at the Town Board, at the Town Workshop. SUPERVISOR STROUGH-Alright, there's a Public Hearing on this tonight I will open the Public Hearing now. Is there any member of the public that would like to speak to this proposal before us tonight? COUNCILMAN MCNULTY-We do have one person on. SUPERVISOR STROUGH-There is? COUNCILMAN MCNULTY-Yes. Regular Town Board Meeting, 03-18-2024, MTG 910 652 SUPERVISOR STROUGH-Where? COUNCILMAN MCNULTY-Online. SUPERVISOR STROUGH-Oh I have nothing over here Tim. COUNCILMAN MCNULTY-Okay, see what I can do. I can't give. SUPERVISOR STROUGH-Yes and I have nothing over here. COUNCILMAN MCNULTY-So how do we do this, hold on. SUPERVISOR STROUGH-What? STOREDTECH-I'll remote in. COUNCILMAN MCNULTY-I'm sorry. STOREDTECH-I can remote into the... COUNCILMAN MCNULTY-Its Queensbury chiefs. We're working on it. SUPERVISOR STROUGH-Alright. SHANE IRWIN-Can you hear me now. SUPERVISOR STROUGH-Yes, we can hear you. MR. IRWIN-Alright, good evening my name is Shane Irwin I'm the Queensbury EMS Chief. I just wanted to let you know that Queensbury EMS does fully support West Glens Falls in this Amendment. They are busy. When they get busy it trickles down to us. This extra money for their paid staff will be very beneficial to the Town of Queensbury as well at their agency because they are truly, they're running ragged at those times and just want to let you guys know that we do support that as we work together as a team here to help cover the entire Town of Queensbury. SUPERVISOR STROUGH-Yes and who is this again I'm sorry I didn't get that? COUNCILMAN METIVIER-Shane, it's Shane Irwin. COUNCILMAN MCNULTY-Shane Irwin. SUPERVISOR STROUGH-Oh this is Shane, alright. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-Alright anything else Shane? MR. IRWIN-Nope that's it. SUPERVISOR STROUGH-Okay thank you. Alright, anybody else? Alright, I'll close the Public Hearing and entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING 2024 AMENDMENT AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 110, 2024 INTRODUCED BY: Mr. Anthony Metivier Regular Town Board Meeting, 03-18-2024, MTG 910 653 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into a 2024 Agreement for emergency protection services (Agreement) which 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 or use money placed in a"vehicles fund"without prior approval of the Queensbury Town Board, and WHEREAS,the Town Board and Squad negotiated terms for a 2024 Amendment Agreement for emergency protection services to, among other things, add an additional paid service crew for an extra shift of five(5) hours for an additional annual estimated cost of$80,000,which$80,000 would be provided by: 1) an allocation of an additional $50,000 to the Squad from the Town's Emergency Services Fund Balance;and 2)the shifting of$30,000 in the Squad's 2024 Primary Agreement/2024 budget from "Maintenance, Operations, Insurance, Capital Projects and Apparatus Replacement"to "Paid Staffing," and WHEREAS,by adding an additional daily paid service crew during the time when the Squad experiences very high call volumes, the proposed Amendment Agreement will help improve emergency services within the Town and therefore in accordance with Town Law §184, the Town Board duly conducted a public hearing on Monday,March 18'',2024 and heard all interested persons concerning the proposed Amendment Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2024 Amended Agreement for emergency protection services between the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., and authorizes and directs the Town Supervisor to execute such Amendment Agreement in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None Regular Town Board Meeting, 03-18-2024, MTG 910 654 2.2 PUBLIC HEARING—PROPOSED SEWER REHABILITATION PROJECT IN GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT— FORMER PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT—BROADACRES AREA Publication Date: March 9, 2024 SUPERVISOR STROUGH reviewed the proposed sewer rehabilitation project. There's a Public Hearing on this. Any thoughts on behalf of the Town Board before I open the Public Hearing? Seeing none, hearing none, I'll open the Public Hearing. Any member of the public wish to speak to this sanitary sewer rehabilitation project in the Broadacres area of Queensbury? Seeing none, I'll close the Public Hearing and entertain a motion to approve and this authorizing advertisement for bids for this project. PUBLIC HEARING CLOSED RESOLUTION DETERMINING PROPOSED SANITARY SEWER REHABILITATION PROJECT IN GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT - FORMER PERSHING- ASHLEY-COOLIDGE SEWER DISTRICT - BROADACRES AREA TO BE IN THE PUBLIC INTEREST AND AUTHORIZING ADVERTISEMENT FOR BIDS RESOLUTION NO.: It1, 2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board duly established the Greater Queensbury Consolidated Sanitary Sewer District(District) in accordance with New York State Law, and WHEREAS, by Resolution No.: 344, 2023, the Town Board authorized engagement of Delaware Engineering, DPC (Delaware), for the provision of professional engineering services regarding the design, bidding, construction administration and observation services related to the rehabilitation of the sanitary sewer system within the District specifically within the former Pershing- Ashley-Coolidge Sewer District located in the Broadacres area of the Town that borders the City of Glens Falls (Project), and WHEREAS, Delaware has prepared an Engineering Report dated February 2024 concerning the proposed Project, together with an estimate of the cost of such improvements, and WHEREAS,the Engineering Report has been duly filed in the Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty-percent (30%) of the Regular Town Board Meeting, 03-18-2024, MTG 910 655 total taxable assessed valuation of the District, so permission of the State Comptroller for the proposed expenditure is not required under Town Law §202-b(5), 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 bid documents and specifications, and WHEREAS, the Town Board determined that the Project is a Type II Action under the State Environmental Quality Review Act (SEQRA ) and therefore no further SEQRA review is required, and WHEREAS, at a meeting held on March 4 h, 2024,the Town Board adopted a Resolution: 1. describing the proposed improvements as: A. rehabilitation of the sanitary sewers with cured-in-place pipe to provide structural integrity to the pipe and seals it from inflow and infiltration; B. rehabilitation of the existing manholes to provide structural integrity and seals them from inflow and infiltration; and C. installation of three (3) additional manholes at the municipal boundary to delineate the sewers and one (1) additional manhole on Ashley Place near Coolidge Avenue, and replacement of an existing clean-out at the dead-end of the sewer system. The manholes will be installed as access points for maintenance and are required at the end of sewer lines per the Recommended Standard for Wastewater Facilities also known as the Ten States Standards; and 2. specifying the estimated cost of such improvements as $285,380 and indicating that the cost of the improvements will be paid from the Greater Queensbury Consolidated Sanitary Sewer District's Fund Balance; and 3. stating that the Town Board would meet on March 18'', 2024 to hear all persons interested in this improvement of the District's facilities and to take such other and further action as may be required or authorized by law; and WHEREAS, a Notice of Public Hearing was posted and published not less than ten(10) days nor more than twenty(20)days before the public hearing date, as required by Town Law §202-b, and WHEREAS, a public hearing was duly held at the time and place set forth in said Notice, at which all persons desiring to be heard were duly heard, and Regular Town Board Meeting, 03-18-2024, MTG 910 656 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 bid documents and specifications NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. Upon the evidence given at the Public Hearing, it is hereby found and determined that it is in the public interest to make the improvements to the facilities of the District as described in the Engineering Report at an estimated cost of$285,460. 2. The proposed improvements shall be constructed and installed as specifically delineated in the Engineering Report and/or in bid documents and specifications to be prepared by Delaware 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. 3. The Town Board hereby authorizes the Project and authorizes and directs the Town Supervisor to take all actions necessary to effectuate this Resolution. 4. The Town Board hereby authorizes and directs the Town's Purchasing Agent to post and publish an advertisement for bids for the Sanitary Sewer Rehabilitation Project (Project) referred to in this Resolution and as will be set forth in bid documents and specifications prepared by Delaware and/or the Town Purchasing Agent, receive all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. 5. This Resolution shall take effect immediately. Duly adopted this 18'h day of March, 2024 by the following vote: AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None Regular Town Board Meeting, 03-18-2024, MTG 910 657 2.3 PUBLIC HEARING—PROPOSED EXTENSION #7 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 575 BAY ROAD PROPERTY Publication Date: March 5, 2024 SUPERVISOR STROUGH reviewed the proposed Extension to the Greater Queensbury Consolidated Sanitary Sewer District. So, this is to extend the means and bounds of the current district to include these merged parcels and there is a Public Hearing on this tonight. It will be Extension 47. Is there anybody here tonight that wishes to speak to this proposed Extension of the Greater Queensbury Consolidated Sewer District Extension 47? Town Board thoughts? COUNCILMAN FREER-Well just to make sure people know that Schermerhorn is paying for this, not us. SUPERVISOR STROUGH-Yes, yes good point. Anything else? Alright I'll close the Public Hearing and entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION #7 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 575 BAY ROAD PROPERTY RESOLUTION NO.: 112, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury wishes to consider an extension of its Greater Queensbury Consolidated Sanitary Sewer District to be known as Sanitary Sewer District Extension 47 (Extension 47)to serve 575 Bay Road in the Town of Queensbury, New York, such property consisting of two recently merged parcels (Tax Map Nos: 296.7-1-2 and 3)referred to as the "Property" on which Property a 76 unit apartment style multi-family building and associated work project including the sewer construction project/Extension 47 (Project) is proposed to be constructed by Schermerhorn Properties, LLC (Developer) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report issued April 24, 2023 and revised February 15, 2024 has been prepared by Environmental Design Partnership, LLP (Map, Plan and Report) concerning proposed Extension 47 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, 03-18-2024, MTG 910 658 WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension 47, 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, on October 24 h, 2023, the Town Planning Board, as Lead Agency, reviewed and conducted a State Environmental Quality Review Act(SEQRA)Review of the Project referred to as Planning Board Site Plan 61-2023 and Freshwater Wetlands 11-2023 Schermerhorn Construction, LLC, such Project being an Unlisted Action and granted a Negative Declaration, and WHEREAS, subsequently it was discovered that a variance will be required from the Town's Zoning Board of Appeals and on February 201h, 2024, the Town Planning Board considered the new information and the details requesting the variance and, after due consideration, readopted its Negative Declaration, and WHEREAS,on February 26 h,2024 subsequent to the filing of the Map,Plan and Report with the Town Clerk,the Town Board adopted an Order(Public Hearing Order)reciting(a)the boundaries of the proposed Extension 47;(b)the proposed improvements;(c)the maximum amount proposed to be expended for the improvements; (d)the fact that all costs of the improvements will be paid for by the Developer and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the estimated annual cost of Extension 47 to the developed Property in Extension 47;(f)the proposed method of financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and(h)the time and place of a public hearing on the proposed Extension 47; and WHEREAS, copies of the Public Hearing Order(PHO)were published and posted, and filed with the State Comptroller's Office as required by law and posted on the Town website, and WHEREAS,prior to publication of the PHO,a detailed explanation of how the estimated cost of hook-up fees (if any) and cost of Extension 47 to the Property were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS,the estimated annual cost of Extension 47 to the Property has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, the Town Board duly held a public hearing on proposed Extension 47 on Monday, March 18'h, 2024 and considered the evidence and information, and WHEREAS, the Town Board wishes to establish proposed Extension 47 in accordance with Regular Town Board Meeting, 03-18-2024, MTG 910 659 Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension 47 are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension; 4. It is in the public interest to establish, authorize, and approve the Greater Queensbury Consolidated Sanitary Sewer District Extension 47 to the Greater Queensbury Consolidated Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Extension 47 to be as described in the Map,Plan and Report and Public Hearing Order; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater Queensbury Consolidated Sanitary Sewer District Extension 47 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report and Public Hearing Order and construction of the improvements may proceed and service provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any necessary permits or approvals from the New York State Department of Transportation and any other required permits; 4. The Town being satisfied that construction of all improvements has occurred in accordance with the Map, Plan and Report and subsequent dedication of all improvements to the satisfaction of the Town; 5. Permissive Referendum in the manner provided in New York State Town Law Article 7; and 6. The adoption of a Final Order by the Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to Permissive Referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board Regular Town Board Meeting, 03-18-2024, MTG 910 660 authorizes and directs the Queensbury Town Clerk to file, post and publish such Notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a form to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) No Public Comment. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING GRANT APPLICATION FOR PURCHASE OF MOBILE ROLLING SHELVING TO BE USED FOR STORAGE IN TOWN CLERK/RECORDS CLERK/TAX RECEIVER'S OFFICE VAULT RESOLUTION NO.: 113, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Clerk/Tax Receiver/Records Clerk has advised the Town Board that a Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) is available to provide funding to the Town for the Town's purchase of mobile rolling shelving to be used for storage in her Office's vault, and WHEREAS,the Town Board wishes to authorize an application for these grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the Town Clerk/Tax Receiver/Records Clerk's application for a Local Government Records Management Improvement Fund Grant from SARA to be used toward the purchase of mobile rolling shelving for storage in the Town Clerk/Tax Receiver/Records Clerk's Ofbce's Vault and the Town Clerk/Tax Receiver/Records Clerk,Town Supervisor and/or Town Budget Officer to take any further actions necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 03-18-2024, MTG 910 661 Duly adopted this 18'h day of March, 2024 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF GEORGE NICHOLAS FROM WATER PLANT OPERATOR TRAINEE TO WATER PLANT OPERATOR I RESOLUTION NO.: 114, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the Town Board authorize the promotion of George Nicholas from Water Plant Operator Trainee to Water Plant Operator I at the Town's Water Treatment Plant as Mr.Nicholas: 1)meets the requirements for the position; 2) has over one year experience operating the Plant, 3) has attained the required certificate from New York State; 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 George Nicholas from Water Plant Operator Trainee to Water Plant Operator I at the Town Water Treatment Plant effective on or about March 19'', 2024 at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2024, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 03-18-2024, MTG 910 662 Duly adopted this 18'h day of March, 2024 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES - STATE ROUTES 9 AND 254 WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 115, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, by Resolution No.: 335, 2023, the Queensbury Town Board authorized and ratified emergency water main repairs relating to a catastrophic water main failure at the Intersection of State Routes 9 and 254, and WHEREAS, the Town Board wishes to now authorize improvement of the District's water transmission facilities to restore permanent fire flow to the commercial district located south of Quaker Road and east of Bay Road by replacing approximately 550 linear feet of 12" cast iron water main with new 14" HDPE water main (12.40-inch I.D.) to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254 (Project), in accordance with Town Law §202- b, and WHEREAS, by Resolution No.: 261, 2021, the Town Board accepted a total of $2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant Funds from the New York State Department of Budget, such Recovery Funds to be used in accordance with the terms and conditions to be set forth by the New York State Department of Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 and the Town Board wishes to use some of these Recovery Funds, as well as funds from the Town Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 and/or by issuance of Bond Anticipation Note(s) (which would have to be duly authorized by a subsequent Bond Resolution), for this qualifying infrastructure investment Project, and Regular Town Board Meeting, 03-18-2024, MTG 910 663 WHEREAS,the Town Water Superintendent previously recommended that the Town Board engage the professional engineering services of Delaware Engineering, DPC (Delaware) for the design,bidding and construction administration and observation services related to the Project and by Resolution No.: 51, 2024, the Town Board authorized engagement of Delaware for such services and the establishment of the State Routes 9 and 254 Water Main Repairs Capital Project No.: 252, and WHEREAS, Delaware has prepared an Engineering Report issued March 2024 concerning the Project together with an estimate of its cost, a copy of which Engineer's Report is duly filed in the Queensbury Town Clerk's Office and made available for public inspection and presented at this meeting, and WHEREAS, as detailed in the Engineering Report, this is a replacement of the water infrastructure in kind on the same site which also includes street openings and right-of-way openings to reconstruct and maintain the existing utility facilities, and therefore a Type 11 action under 6 NYCRR Section 617.5(c)(6) and (c)(2) of the State Environmental Quality Review Act (SEQRA) regulations and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a Town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The project is a SEQRA Type II action pursuant to 6 NYCRR Section 617.5(c)(6) and(c)(2) and therefore the project is not subject to SEQRA review. 2. The proposed improvements consist of the replacement of approximately 550 linear feet of 12" cast iron water main with new 14" HDPE water main (12.40-inch I.D.) to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254. 3. The estimated cost of such improvements is $1,354,250. 4. The cost of the improvements will be funded by ARPA Funds, funds from the Town Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 and/or by issuance of Bond Anticipation Note(s) (which would have to be duly authorized by a subsequent Bond Resolution), to be paid from Capital Project Fund No.: 252. Regular Town Board Meeting, 03-18-2024, MTG 910 664 5. The proposed improvements shall be constructed and installed as specifically delineated in the Engineering 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. 6. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m., on Monday, April 1", 2024 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 7. 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 §202-b. Duly adopted this 18'h day of March, 2024 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF STANTON FENCE FOR SPORT FIELD FENCING PROJECT AT JENKINSVILLE PARK RESOLUTION NO.: 116, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 432, 2023, the Queensbury Town Board authorized expenditures for specific Town Parks and Recreation Department capital improvements and certain maintenance projects including Capital Projects at the Jenkinsville Parks (Capital Projects), and WHEREAS, the Parks and Recreation Director (Director) requested and received three (3) quotes for softball field safety fencing related to the Capital Projects and the lowest received quote is from Stanton Fence dated 3/l/24 in the amount of$11,270, and WHEREAS,the Director has accordingly requested Town Board approval to accept the quote and engage the services of Stanton Fence, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-18-2024, MTG 910 665 RESOLVED, that the Queensbury Town Board hereby authorizes the Parks and Recreation Director to accept the quote and engage the services of Stanton Fence to install softball field safety fencing at Jenkinsville Park for an amount not to exceed$11,270 in accordance with Stanton Fence's quote dated 3/l/24 substantially in the form presented at this meeting, to be paid for from Account No: 138-7110-2899, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Parks and Recreation Director and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 181h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING RIGHT-OF-ENTRY AGREEMENT WITH NATIONAL GRID REGARDING ACCESS TO PROPERTY RELATED TO PROPOSED PEGGY ANN & NATIONAL GRID RIGHT-OF-WAY TRAILS RESOLUTION NO.: 117, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Labella Associates, on behalf of the Town of Queensbury, wishes to access certain property located in the vicinity of Maple Drive and Sherman Avenue in the Town identified as Tax Map Nos: 302.17-3-58 and 309.5-1-4 and owned by National Grid, for land surveying purposes related to the construction, use and maintenance of the proposed Peggy Ann Trail and National Grid Right-of-Way Trail, and WHEREAS,National Grid has agreed to permit access to the property provided that the Town enter into a Right of Entry Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Right of Entry Agreement for Access to National Grid Property and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting and the Town Supervisor and/or Labella Associates to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 03-18-2024, MTG 910 666 Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING EXECUTION OF NON-BINDING LETTER OF INTENT CONCERNING POSSIBLE SOLAR POWER PROJECT -AC POWER DEVELOPMENT COMPANY, LLC RESOLUTION NO.: 118, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury is considering entering into a lease of its real property located at 1396 Ridge Road for the development and construction of a grid-connected solar photovoltaic generation facility with AC Power Development Company, LLC (Project), and WHEREAS,the Town Board wishes to authorize a non-binding Letter of Intent(LOI)setting forth the preliminary terms and conditions relating to the possible Project as set forth in the proposed LOI presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes the Town Supervisor to sign the non-binding Letter of Intent with AC Power Development Company, LLC regarding the potential lease of real property for solar development as set forth above in substantially the form presented at this meeting and further authorizes and directs the Town Supervisor and/or Town Counsel to take any further actions necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CONKLING CENTER Regular Town Board Meeting, 03-18-2024, MTG 910 667 RESOLUTION NO.: 119, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service Agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to contract with The Conkling Center to support The Conkling Center's On The Go Transportation Program for senior community members, and WHEREAS, a proposed Agreement between the Town and The Conkling Center has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and The Conkling Center for the year 2024 with funding for the Agreement not exceeding the sum of $12,500 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF LABELLA ASSOCIATES, D.P.C. FOR PROVISION OF PROFESSIONAL ELECTRICAL ENGINEERING SERVICES RELATED TO INSTALLATION OF EV CHARGING STATIONS AT TOWN HALL RESOLUTION NO.: 120, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury's Facilities Manager has recommended that the Town Board engage LaBella Associates, D.P.C. for professional electrical engineering services associated with the installation of EV charging stations at the Town Hall Building Complex for an amount not to exceed $8,000 as delineated in LaBella Associates, D.P.C.'s Professional Services Regular Town Board Meeting, 03-18-2024, MTG 910 668 Agreement dated February 2024 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the engagement of LaBella Associates, D.P.C. for professional electrical engineering services associated with the installation of EV charging stations at the Town Hall Building Complex for an amount not to exceed $8,000 as delineated in LaBella Associates,D.P.C.'s Professional Services Agreement dated February 2024, such services to be paid for from Town Hall EV Stations Capital Project No.:249 Account No.: 249-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor to execute the Professional Services Agreement substantially in the form presented at this meeting and/or any necessary documentation and the Town Supervisor, Town Facilities Manager and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY EMERGENCY MEDICAL SERVICES' PROPOSAL TO PURCHASE EMERGENCY EQUIPMENT FOR ITS AMBULANCE AND USE TAX- EXEMPT FINANCING FOR SUCH PURCHASE RESOLUTION NO.: 121, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 424, 2023,the Queensbury Town Board approved its 2024 Emergency Ambulance Services Agreement (Agreement) with the Bay Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Services, (Squad), and WHEREAS, such 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 Regular Town Board Meeting, 03-18-2024, MTG 910 669 Squad to acquire a loan or mortgage without prior approval of the Town Board, and WHEREAS, by Resolution No.: 149, 2023 the Town Board approved the Squad's proposal to purchase a 2023 Ford F-350 Demers Brand Ambulance at a purchase price not to exceed $300,000 by using: 1. $ 20,000—approximate cash down payment; and 2. $280,000-maximum amount of tax-exempt financing with the Adirondack Trust Company; and WHEREAS, by Resolution No.: 76, 2024 the Town Board amended such Resolution to approve the Squad's sale of its 1997 Ford ambulance toward the new ambulance purchase rather than the sale of its year 2016 ambulance, and WHEREAS, the Squad has advised the Town Board that as the emergency equipment in the Squad's 1997 ambulance is outdated,the Squad needs to outfit its new ambulance with certain new emergency equipment for an amount not to exceed $86,958.90 (including the cost of a five year warranty) and would like such cost added to its ambulance loan, thereby increasing its $280,000 maximum amount of tax-exempt financing approved by Resolution No.: 149, 2023 to a maximum amount of tax-exempt financing not exceeding$352,740, and WHEREAS,the Town Board wishes to set a public hearing concerning the Squad's proposed emergency equipment purchase, as Town Board approval 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 the Queensbury Emergency Medical Services' proposed emergency equipment purchase for its new ambulance and the use of tax-exempt financing on Monday, April 15'', 2024 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the 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 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None Regular Town Board Meeting, 03-18-2024, MTG 910 670 RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF PICK-UP TRUCK FOR BUILDING AND GROUNDS DEPARTMENT RESOLUTION NO.: 122, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Resolution No.: 104, 2024, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of 2023 or newer Ford F-550 pick-up truck for the Building and Grounds Department to replace a year 2013 F-550 pick-up truck (Town Asset No.: 9016) as described in bid documents/specifications prepared by the Facilities Manager and/or Town Purchasing Agent, and WHEREAS, on March 13, 2024, the one received bid was opened, and the Facilities Manager and Purchasing Agent have reviewed it and recommended that the Town Board authorize the bid award to the only and therefore lowest, responsible bidder, Auto Saver Ford, for a 2024 Ford F-550 Pick-up Truck for an amount not to exceed $80,317, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a 2024 Ford F-550 Pick-up Truck for the Building and Grounds Department to the only and therefore lowest, responsible bidder, Auto Saver Ford, for an amount not to exceed $80,317 as set forth in Auto Saver Ford's 3/13/24 Bid Proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be from Equipment Vehicle Replacement Capital Project Fund No. 195, Account No.: 195-1640-2020 and the Town Budget Officer shall amend the 2024 Town Budget, make any budget amendments and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the truck being replaced(a year 2013 F-550 pick-up truck {Town Asset No.: 90161) and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Town Code and New York State Laws, and Regular Town Board Meeting, 03-18-2024, MTG 910 671 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 181h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 03192024 RESOLUTION NO.: 123, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 03192024 with a run date of 03/14/2024 and a payment date of 03/19/2024, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 03192024 with a run date of 03/14/2024 and a payment date of 03/19/2024 totaling $1,018,559.30, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None Regular Town Board Meeting, 03-18-2024, MTG 910 672 RESOLUTION OF DETERMINATION THAT TOWN OF QUEENSBURY DOES NOT WISH TO BE PERMITTEE OR OPERATOR OF LAKEWOOD HOMEOWNERS ASSOCIATION'S EXISTING COMMUNITY SEPTIC SYSTEM RESOLUTION NO.: 124, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Lakewood Homeowners Association(HOA), a 14-lot single family home subdivision located along Lakewood Drive within the Towns of Queensbury and Fort Ann, has advised the Town that the HOA will be submitting a permit application to the New York State Department of Environmental Conservation(NYSDEC) for its community septic system(system) installed in approximately 1982 but which system apparently never received a NYSDEC wastewater discharge permit, and WHEREAS, the HOA indicates that it will be making a submission to NYSDEC and has asked that the Town provide a written statement making clear its position on becoming a permittee and/or system operator in relation to this system, and NOW, THEREFORE, BE IT RESOLVED,that the Town Board hereby determines that Town operation and maintenance of this system is not a viable option as this is an existing system, located mostly in Washington County and the Town has no current right to enter onto the private property for purposes of maintenance and repair, and therefore, the Town does not wish to operate or be the permittee in relation to the system, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor and/or Town Counsel to issue a letter to the appropriate State agency or department setting forth the Town's position on this matter and further authorizes the Town Supervisor and/or Town Counsel to take any further actions necessary to effectuate the purpose of this Resolution. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None Regular Town Board Meeting, 03-18-2024, MTG 910 673 RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN, AGREEMENT AND BOND FORM FOR SOUTHERN GATEWAY RENEWABLES, LLC ASSOCIATED WITH TAX MAP PARCEL NOS: 303.8-1-1 AND 303.12-1-3 RESOLUTION NO.: 125, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Southern Gateway Renewables, LLC(Southern Gateway)proposes developing a five megawatt AC solar farm facility at property located off of Queensbury Avenue and identified as Tax Map Parcel Nos. 303.8-1-1 and 303.12-1-3 (the "Project"), and WHEREAS, the Planning Board considered applications for the Project, which application materials included a Decommissioning Plan,and at its meeting of October 18,2022,the Queensbury Planning Board approved Site Plan 55-2022 and Special Use Permit 4-2022, and WHEREAS, during Planning Board review, the Planning Board provided all application materials, including the Decommissioning Plan, to the Town Designated Engineer for review and comment, and WHEREAS,before approving the Site Plan and the Special Use Permit,the Town Designated Engineer provided a final letter indicating that it had no further comments on the Project indicating the application satisfied requirements under the Town Zoning Code, and WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires that Decommissioning Plans be approved by the Town Board, and WHEREAS, the following documents are presented at this meeting: 1) Decommissioning Agreement, 2) Decommissioning Plan, and 4) Decommissioning Bond, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Decommissioning Plan, Decommissioning Agreement and Decommissioning Bond for Southern Gateway Renewables associated with Tax Map Parcel Nos: 303.8-1-1 and 303.12-1-3 as delineated in the preambles of this Resolution and in substantially the same form as presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting, 03-18-2024, MTG 910 674 RESOLVED, that the Town Supervisor is hereby authorized to execute the Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN, AGREEMENT AND BOND FORM FOR NORTHERN GATEWAY RENEWABLES ASSOCIATED WITH TAX MAP PARCEL NO: 297.15-1-1 RESOLUTION NO.: 126, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,Northern Gateway Renewables, LLC(Northern Gateway)proposes developing a five megawatt AC solar farm facility at property located at 443 Queensbury Avenue and identified as Tax Map Parcel No. 297.15-1-1 (the "Project"), and WHEREAS, the Planning Board considered applications for the Project, which application materials included a Decommissioning Plan,and at its meeting of October 18,2022,the Queensbury Planning Board approved Site Plan 56-2022 and Special Use Permit 5-2022, and WHEREAS, during Planning Board review, the Planning Board provided all application materials, including the Decommissioning Plan, to the Town Designated Engineer for review and comment, and WHEREAS,before approving the Site Plan and the Special Use Permit,the Town Designated Engineer provided a final letter indicating that it had no further comments on the Project indicating Regular Town Board Meeting, 03-18-2024, MTG 910 675 the application satisfied requirements under the Town Zoning Code, and WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires that Decommissioning Plans be approved by the Town Board, and WHEREAS, the following documents are presented at this meeting: 1) Decommissioning Agreement, 2) Decommissioning Plan, and 4) Decommissioning Bond, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Decommissioning Plan, Decommissioning Agreement and Decommissioning Bond for Northern Gateway Renewables associated with Tax Map Parcel No: 297.15-1-1 as delineated in the preambles of this Resolution and in substantially the same form as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 18'h day of March, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None 5.0 CORRESPONDENCE-None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) THOMAS KENNEY, Jenkinsville Road-Spoke in reference to the proposed extension of the Queensbury Municipal Water for the Jenkinsville area. He understands there is a process and wondered if the Board was in a position to start to put together a schedule so that people can begin to understand the process, the major thresholds and for their own purposes so they can plan on having water available to connect to for moving forward. Regular Town Board Meeting, 03-18-2024, MTG 910 676 SUPERVISOR STROUGH noted that the Town Board will be conducting a workshop in the near future with the Town's engineer CT Male to discuss the best possibility to provide municipal water to the Jenkinville's area. We will be applying for a grant as well towards this goal. JEAN LAPPER reported that it was Women's History month and spoke regarding the Equal Rights Amendment that will be on the Ballot in November. I want to bring it to the Town Boards attention and to request their support and endorsement. (Handout given on file) MARY ENHORNING spoke to express her support of the Equal Rights Amendment in hopes that the Board will support this Amendment. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I)—Nothing to report. COUNCILMAN FREER(WARD II) • Congratulations to the Glens Falls High School State Championship Basketball Team. It was wonderful to watch. • Thank you, Jean for bringing the Amendment to our attention and we will continue to work to make sure people recognize that it will be on the ballot in November and find ways to make it important and noticeable, so people are aware and don't forget to turn the ballot over and vote. COUNCILMAN DIXON(WARD III) • Stated his support for the New York State Equal Rights Amendment and that we should all treat each other with dignity and respect and that it is embarrassing that in this day in age this is still happening. COUNCILMAN MCNULTY(WARD IV) • Stated that he agreed with what Mike said regarding Equal Rights. • Reported that he has received calls from residents about garbage being dumped all around Town. Over off of Big Boom, off of Quaker and just wanted to let residents know that if this is happening to let the Town Board or Code Enforcement know and will go out and look at it and try to identify the person if possible and at least get it cleaned up. Please let us know if you see something and we will take care of it. SUPERVISOR STROUGH • Reported that there was a Feeder Canal Alliance meeting, and they brainstormed on improving that Trail. I give a lot of credit to Pattie Simone who is the Executive Director of the Feeder Canal Alliance. She is very progressive and aggressive in wanting to do the right things for the Feeder Canal and her President of her Board,Howard Raymond, and the rest of us give her a lot of support moving it forwards. If there is anything that you would like to see going forward in terms of the Feeder Canal go to the website and share it with Pattie,please. • Attended the Adirondack Regional Chamber of Commerce annual meeting and the J. Walter Juckett Award was given to a very deserving individual, Robert Nemer. A lot of you don't know of his efforts to save the Civic Center and the Coalition to save the Civic Center. His support for the Hyde,the Chapman, and the other cultural institutions. He does a lot for the area in terms of Lake George and the water protection for Lake George. He's involved with everything, so very deserving of this Award. • Recently attended two banquets and will have multiple more in the near future. Attended the South Queensbury and the West Glens Falls Fire Banquets. Next week is Bay Ridge Banquet,the week after that is Queensbury EMS, West follows after that. So,there will be seven banquets in all from our emergency services group. I often swear in the new officers for the year, both the line and the executive officers, but all these are volunteers. I am glad to go to all of these banquets and I know the Town Board Members, if they can,they will Regular Town Board Meeting, 03-18-2024, MTG 910 677 attend the banquets. It's the least we can do to show our support. • Announced that National Grid is putting in an advanced metering infrastructure. They are also called smart meter implementation. They are doing Central and Western New York and will be here in our area soon. They will be doing it in four phases. So, a new more efficient system is coming. • Referred to the recent new Tax Assessment and explained the process and how it may or may not affect taxes. • Reported that he and Diane Collins put together a book titled the "Queensbury Trails Lore Landscape and Wildflowers". I did the lore and history, and Diane did the flower part and I think you will find the book very worthwhile especially if you are using our trail system. • Reviewed the Annual Residential Spring Pick-up noting the restrictions. All must be bagged and must be biodegradable, out by: o Ward 4 -May 6�h o Ward 2-May 13'h o Ward 1 -May 20'h o Ward 3 -May 28�h • Announced the Warren County Household Hazardous Waste Collection will be held on Saturday, May 111h at the Town of Queensbury Highway Department. Pre-register with Warren County DPW. They will not accept gas, munitions, automotive oil, batteries, asbestos, pharmaceuticals, infectious waste, or tires. • Announced that there is a burn ban in effect from March 161h - May 141h. • Reported that this Town Board has been very supportive of a work safety program which in turn has decreased costs and saved taxpayers a lot of money. • Thank you, Joel Barlow and Jessie Jackson, from Look TV and thank you our Town Counsel Mark Schachner from Miller, Mannix, Schachner, and Hafner, and our Deputy Town Clerk Betty Murphy,the Town Board and the Public, I want to thank you for coming tonight. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 127, 2024 INTRODUCED BY: Mr. Timothy McNulty 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 18th day of March,2024,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II