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12-06-2021 MTG#39 REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 190 REGULAR TOWN BOARD MEETING MTG#39 DECEMBER 6, 2021 RES#387-407 7:00 P.M. B.H.#79-82 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV, POST STAR SUPERVISOR STROUGH-Called meeting to order…. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 387, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and moves into the Queensbury Board of Health. th Duly adopted this 6 day of December, 2021 by the following vote: AYES: Mr. Metivier, Mr. Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None NONE: None PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF MARY AND CHRIS MATTSON th, PUBLICATION DATE: NOVEMBER 192021 AGENT – DENNIS MACERLOY –ENVIRONMENTAL DESIGN PARTNERSHIP, LLP SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing. The Town Board did a site visit to this residence today to review the variances. Dennis MacElroy is here as the Agent for the applicants. Is there anything in addition to what I have said you would like to say? MR. MACELROY-I am representing the Mattson’s on this application. The only thing I would add is that is a full replacement system. It includes the new septic tank and pump tank as well as the new absorption field. As you have indicated the two variances that are needed. The system is well beyond the hundred-foot separation to the lake; it is a good replacement. They have the ability on the site to do a good system with minimal variances. SUPERVISOR STROUGH-Any questions for the applicant’s agent before I open the public hearing? COUNCILMAN FREER-This isn’t the one we went to today is it? SUPERVISOR STROUGH-Yes. REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 191 COUNCILMAN FREER-I have the wrong address then. MR. MACELROY-It is 161, 163. There are two addresses. There are two cottages on the property. For some reason they earn two addresses. TOWN COUNSEL HAFNER-The Resolution says 363. MR. MACELROY-Yes. Excuse me 361 and 363. SUPERVISOR STROUGH-Okay. Any other questions before I open the public hearing? Is there anybody who is here tonight or online who wishes to speak to this septic variance request of Mary and Chris Mattson of 363 Cleverdale Road? Seeing none here and seeing none on Zoom I will close the public hearing. PUBLIC HEARING OPENED No comment PUBLIC HEARING CLOSED RESOLUTION APPROVING MARY AND CHRIS MATTSON’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 79, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Mary and Chris Mattson (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to replace their existing wastewater system with its absorption field to be located: 1. 10’ from the foundation instead of the 20’ required setback; and 2. 4’ from the property line instead of the 10’ required setback; on property located at 363 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 th variance request on Monday, December 6, 2021, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 192 reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Mary and Chris Mattson for variances from the Sewage Disposal Ordinance to replace their existing wastewater system with its absorption field to be located: 1. 10’ from the foundation instead of the 20’ required setback; and 2. 4’ from the property line instead of the 10’ required setback; on property located at 361-363 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 226.12-1-53, 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 any lawful action by the Adirondack Park Agency during such period. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES : None ABSENT: None PUBLIC HEARING –SEWAGE DISPOSAL VARIANCE APPLICATION OF MORGAN STRITSMAN PUBLICATION DATE: NOVEMBER 19, 2021 AGENT NICK ZEGLEN ENVIRONMENTAL DESIGN PARTNERSHIP, LLP SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing. MR. ZEGLEN-This is a replacement of their existing wastewater system. The system failed at a property transfer inspection. This would be a new system with an Enhanced Treatment Unit. A UV unit as well as a pump tank, which would pump to a pressure distributed absorption bed. With this design, we tried to keep everything over a hundred feet from the lake as far away from the well. I will note that it is downgrade from the well although it is seventy-one feet. That is the big variance that we tried to mitigate. SUPERVISOR STROUGH-You are proposing that they have a UV System on their water supply of the house UV System? MR. ZEGLEN-UV System in the pump tank after it goes to the Clarus. SUPERVISOR STROUGH-Okay. REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 193 COUNCILMAN METIVIER-Nothing coming in just going out. MR. ZEGLEN-Just going out. SUPERVISOR STROUGH-Questions from the Board of the applicant’s agent. COUNCILMAN FREER-This is the question that I mentioned today. I think we should include in the Resolution that the ETU be maintained in accordance with the manufacture’s recommendation for the life of the system. I understand that when they sell it, it is for four years. Based on our requirements for ETU’s I think we should include that in the Resolution. Any questions about that? SUPERVISOR STROUGH-I don’t have a problem with that. TOWN COUNSEL, HAFNER-What is it UTU? SUPERVISOR STROUGH-ETU. Enhanced Treatment Unit, which is a Clarus Fusion 800 in this case. Harrison wants in the future to make sure that these enhanced treatment units require a little bit more attention. COUNCILMAN FREER-The Manufacturer when we design it, they allow it, four years as sort of the thing. I think it is our responsibility to make it for the life of the system. We would have to set up a responsible management entity to keep track of this. I think the easiest way is to include that all future ETU’s. COUNCILMAN MCNULTY-Harrison how would you see that being enforced? COUNCILMAN FREER-That is another issue. We can talk about it. That is a secondary issue. Right now I am just trying to make sure that we comply with the intent in the spirit of Appendix 75-A. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-Any further questions from any member of the Board before I open the public hearing? COUNCILMAN FERONE-No. SUPERVISOR STROUGH-I will open the public hearing on Morgan Stritsman’s 19 Private Road #1 who is going to be replacing the wastewater system and has asked for five variances as I have described. PUBLIC HEARING OPENED No Comment PUBLIC HEARING CLOSED DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, HAFNER-Can I just read what I understood Councilman Freer to do. SUPERVISOR STROUGH-Yes. Thank you. TOWN COUNSEL, HAFNER-I understood it to be an added Resolved, which I would think it would be the second Resolved, before the Resolved about the escrow. Resolved, that the Enhanced Treatment Unit shall be maintained by the owner of the property in accordance with the manufacturer’s recommendation for the life of the system. RESOLUTION APPROVING MORGAN STRITSMAN’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE AND EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM IMPROVEMENTS REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 194 RESOLUTION NO.: BOH 80, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Morgan Stritsman (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 71’ from the well instead of the required 100’ setback; 2. Enhanced Treatment Unit to be 4’ from the foundation instead of the required 10’ setback; 3. Pump Tank to be 3’ from the foundation instead of the required 10’ setback; 4. Wastewater Absorption Field to be 11’ from the foundation instead of the required 20’ setback; and 5. Wastewater Absorption Field to be 7’ from the property line instead of the required 10’ setback; on property located at 19 Private Road #1 off of 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 th variance request on Monday, December 6, 2021, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, a change of deed for the Applicant’s property occurred on or about August 4, 2021 and when the required property transfer septic inspection took place, the wastewater system REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 195 failed inspection and installation of the replacement wastewater system will not be able to be completed within the required six (6) month time period, and st WHEREAS, the Applicant has therefore applied for a timeline extension or until June 1, 2022 to complete installation of the replacement wastewater system and extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town and the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED, that 3. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Morgan Stritsman for variances from the Sewage Disposal Ordinance to install a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 71’ from the well instead of the required 100’ setback; 2. Enhanced Treatment Unit to be 4’ from the foundation instead of the required 10’ setback; 3. Pump Tank to be 3’ from the foundation instead of the required 10’ setback; 4. Wastewater Absorption Field to be 11’ from the foundation instead of the required 20’ setback; and 5. Wastewater Absorption Field to be 7’ from the property line instead of the required 10’ setback; REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 196 on property located at 19 Private Road #1 off of Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 240.9-1-6, and BE IT FURTHER, RESOLVED, that the Enhanced Treatment Unit 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 Local Board of Health further authorizes and grants the Applicant additional time to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 to complete installation of the replacement wastewater system and extends the date on which the $2,000 escrow deposit the Applicants st previously deposited with the Town be automatically forfeited to the Town until June 1, 2022 and authorizes and directs the Director of Building and Codes Enforcement to take any and all actions necessary to effectuate the terms of this Resolution, 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 any lawful action by the Adirondack Park Agency during such period. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RONALD SEGULJIC RESOLUTION NO.: BOH 81, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 197 WHEREAS, Ronald Seguljic has applied to the Local Board of Health for variances from Chapter 136 to install a new replacement absorption field: 1. 80’ from the proposed onsite well instead of the 100’ required setback; and 2. 13’ from the foundation instead of the 20’ required setback on property; located at 32 Forest Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, December 20, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Ronald Seguljic’s sewage disposal variance application concerning property located at 32 Forest Road, Queensbury (Tax Map No.: 226.19-1-41) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500’ of the applicant’s property as required by law. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 82, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Freer, Mr. Ferone, Mr. McNulty REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 198 NOES: None ABSENT:None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) No Comment 3.0 RESOLUTIONS RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH CARTEGRAPH SYSTEMS LLC FOR PROFESSIONAL SOFTWARE SERVICES RESOLUTION NO.: 388, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 357,2020, the Queensbury Town Board authorized engagement of Cartegraph Systems, LLC (Cartegraph) for professional software services to assist with public works asset management and establishment of Cartegraph Software Capital Project Fund No.: 234, and WHEREAS, the Town Board wishes to renew its agreement with Cartegraph for the term of 1/4/2022 to 1/3/2023 for a sum not to exceed $14,148 in accordance with Cartegraph’s Purchase Agreement dated 1/10/2021 in substantially the form submitted at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Cartegraph Systems, LLC for professional software services to assist with public works asset management for the term of 1/4/2022 to 1/3/2023 for a sum not to exceed $14,148 in accordance with Cartegraph’s Purchase Agreement dated 11/10/2021 in substantially the form submitted at this meeting, such services to be paid from Capital Construction Account No.: 234-8540-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make adjustments, budget amendments, transfers and/or prepare any documentation necessary to increase the following appropriations and estimated revenues:  205-9950-9030 Transfer to Capital Project - $14,148 REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 199  234-0000-55031 Interfund Transfer - $14,148  234-8540-2899 Capital Construction - $14,148 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and/or any needed documentation and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT CVE NORTH AMERICA, INC.’S PETITION FOR CHANGE OF ZONE TO QUEENSBURY PLANNING BOARD RESOLUTION NO.: 389, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, CVE North America, Inc. (CVE) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 30, 2021 to allow for a change of zoning district designation for a parcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive (CI) to Commercial Light Industrial, and WHEREAS, by the same application, CVE is also requesting Town Board approval of an open development area as contemplated under New York State Town Law §290-a(4), and WHEREAS, the application has been reviewed by the Town’s Senior Planner and deemed complete for purposes of review, and WHEREAS, applications for zoning changes are subject to Warren County Planning Department review in accordance with New York State General Municipal Law §239-m, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 200 WHEREAS, following such recommendations, the Town Board will review the application and take such other actions as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA) for potential environmental effects, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board seek Lead Agency status for SEQRA review of the proposed zoning change requested by the CVE North America, Inc. (CVE) as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward CVE's application received by the Town Clerk's Office on or about September 29, 2021 to the Queensbury Planning Board for review, report and recommendation on both the proposed zoning change and the requested open development area designation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit the application to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021 by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 201 ABSENT:None RESOLUTION AUTHORIZING HIRING OF ROBERT HIGDON AS FULL-TIME MECHANIC FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 390, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the Town Board that there is currently a vacancy in a full-time Mechanic position in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and has made a hiring recommendation to the Town Board to hire Robert Higdon, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert Higdon as a full-time Mechanic in the Town’s Highway Department effective on or about th December 7, 2021 subject to Mr. Higdon’s successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Mr. Higdon shall be paid at the hourly rate of pay for the Mechanic position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021 by the following vote: REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 202 AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT RESOLUTION NO.: 391, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Masonic Historical Society (Applicant) submitted a petition to allow for the addition of Day-Care Center as an allowable use by Site Plan Review in the Neighborhood Residential zoning district, and WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 265,2021, the Town Board accordingly authorized the Town Clerk to forward the Applicant’s Petition for Change of Zone Application to the Planning Board for review, report and recommendation and consent to the Town Board seeking SEQRA Lead Agency status, and WHEREAS, the Town Planning Board adopted a Resolution on September 21, 2021 consenting to the Town Board taking Lead Agency status for SEQRA review, and WHEREAS, at their September 21, 2021 meeting the Planning Board adopted a Resolution making a favorable recommendation on the petitioned zoning change with the recommendation that day-care centers require a minimum two (2) acre lot size in the Neighborhood Residential zoning district, and WHEREAS, at their November 22, 2021 Workshop meeting, the Town Board discussed and agreed with the Planning Board recommendation, and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 203 WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: __ of 2021 to amend Queensbury Town Code Chapter 179 to reflect such changes as set forth above, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th December 20, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2021 to amend Chapter 179 “Zoning” of Queensbury Town Code by adding Day-Care Center as an allowable use by Site Plan Review in the Neighborhood Residential zoning district with a condition of a minimum two (2) acre lot size, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Department for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 6 day of December, 2021, by the following vote: REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 204 AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY REGARDING REIMBURSEMENT OF PAYROLL EXPENSES INCURRED AT 2021 ADIRONDACK HOT AIR BALLOON FESTIVAL RESOLUTION NO.: 392, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Adirondack Hot Air Balloon Festival was held at the Floyd Bennett Memorial Airport in the Town of Queensbury in September, 2021, and WHEREAS, the Town of Queensbury provided staff from its Highway Department to assist the Warren County Department of Public Works with covering vacant shifts to remove trash, control traffic and park cars on the access roads and runways during the Festival with the Town incurring payroll expenses in the amount of $3,705.91 during such time, and WHEREAS, by Resolution No: 418 of 2021, the Warren County Board of Supervisors (Warren County) authorized execution of a Memorandum of Understanding (MOU) between the Town and Warren County providing for Warren County’s reimbursement of $3,705.91 to the Town for such payroll expenses, and WHEREAS, the proposed Memorandum of Understanding is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the 2021 Memorandum of Understanding Between Warren County and Town of Queensbury substantially in the form presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 205 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Memorandum of Understanding and any other needed documentation and the Town Supervisor and Town Budget Officer to take any other needed actions to effectuate the terms of this Resolution. th Duly adopted this 6day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND INDIAN RIDGE PLANNED UNIT DEVELOPMENT TO AMEND PUD AGREEMENT AND PERMITTED USES RESOLUTION NO.: 393, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 357,1996 the Queensbury Town Board (Town Board) approved the Indian Ridge Planned Unit Development (PUD) subject to execution of a PUD Agreement between the Town and the Developers, and WHEREAS, by Resolution No.: 97,2000 the Town Board approved the PUD Agreement and authorized the Town Supervisor to execute same Agreement, and WHEREAS, the PUD Agreement between the Town and Developers was executed on April 12, 2000, and WHEREAS, the owner of Tax Map Parcel No.: 295.20-1-4.2 has requested an amendment to the PUD Agreement and Master Plan for the Indian Ridge PUD to reflect a change of permitted use designation from commercial services to single family residential, and WHEREAS, the Town Board desires to make such changes to the Indian Ridge PUD, and WHEREAS, changes to PUDs are subject to the requirements of Queensbury Town Code Chapter 179, Article 12, and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 206 WHEREAS, by Resolution No.: 330,2021 the Town Board referred the proposed change to the Queensbury Planning Board for consent to the Town Board being Lead Agency for SEQRA and for review, report and recommendation, and WHEREAS, at their meeting on November 16, 2021 the Planning Board passed motions consenting to the Town Board being Lead Agency for SEQRA and offering a positive recommendation on the proposed change to the Indian Ridge Planned Unit Development, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th December 20, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2021 to amend the Indian Ridge Planned Unit Development to change zoning of certain property from commercial services to single family residential, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF BETTY GIRARD MURPHY AS DEPUTY TOWN CLERK III REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 207 RESOLUTION NO. 394, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 146,2016, the Town Board authorized establishment of the full-time position of Deputy Town Clerk III in accordance with New York State Town Law Article 3, §30(10)(a), and WHEREAS, by Resolution 272,2021, the Queensbury Town Board acknowledged in part the Town Clerk and Receiver of Taxes and Assessments’ appointment of former Deputy Town Clerk III Colleen Rathbun as Deputy Town Clerk I, thereby leaving a vacancy in the position of Deputy Town Clerk III, and WHEREAS, the Town Clerk and Receiver of Taxes and Assessments (Town Clerk) has reviewed resumes and conducted interviews of candidates and has made a hiring recommendation to the Town Board for the vacant position of Deputy Town Clerk III, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Betty Girard Murphy to the position of Deputy Town Clerk III at the annual salary of $43,000 effective on th or about December 7, 2021 subject to successful completion of a pre-employment physical and drug and/or alcohol screenings and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and also subject to a 90 day probation period, and BE IT FURTHER, RESOLVED, that it shall be the duty of the Deputy Town Clerk III position to assist the Town Clerk and Deputy Town Clerks I and II in the performance of their duties along with any other assigned duties, and in his or her duties, the Deputy Town Clerk III position has the authority to and will at times act for and in place of the Town Clerk and/or Deputy Town Clerks I and II, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 208 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF TABITHA SCHADWILL AS DEPUTY TOWN CLERK IN TRAINING RESOLUTION NO. 395, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution 272,2021, the Queensbury Town Board acknowledged certain staffing changes and appointments within the Town Clerk and Receiver of Taxes and Assessments’ Office, and WHEREAS, the Town Clerk and Receiver of Taxes and Assessments (Town Clerk) has st prepared a succession plan for her office due to the retirement of the former 1 Deputy Receiver of Taxes and Assessments in 2021 and impending retirements of the Deputy Town Clerk II and Records Clerk in the spring of 2022, and WHEREAS, the Town Clerk has recommended the hiring of a Deputy Town Clerk in training to provide for ample training time (up to six months) in advance of the current Deputy Town Clerk II’s retirement, and WHEREAS, the Town Clerk has reviewed resumes and conducted interviews of candidates and has made a hiring recommendation to the Town Board for the position of Deputy Town Clerk in Training, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 209 RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Tabitha Schadwill to the position of Deputy Town Clerk in Training at the annual salary of $43,000 effective th on or about December 7, 2021 in order to provide ample training time (up to six months) subject to successful completion of a pre-employment physical and drug and/or alcohol screenings and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and also subject to a 90 day probation period, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING HIRING OF AUDRA WAY AS PART-TIME CLERK IN TOWN CLERK’S OFFICE RESOLUTION NO. : 396, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 276,2021, the Queensbury Town Board authorized the hiring of Kim Smith as a temporary, Part-Time Clerk in the Office of Receiver of Taxes and Assessments through the end of 2021, and WHEREAS, the Town Clerk and Receiver of Taxes and Assessments (Town Clerk), has advised that the Deputy Town Clerk II and the Town Records Clerk have provided notice that they will each retire from full-time Town employment by the end of June, 2022, and WHEREAS, as Ms. Smith will no longer be working as a Part-Time Clerk as of on or about th December 16, 2021, and due to the impending retirements of two employees in the Town Clerk’s/Tax Receiver’s Offices and the ever-growing and increasing demands of the Offices, the Town Clerk has requested Town Board authorization to hire Audra Way as a Part-Time Clerk on an REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 210 “as needed” basis effective on or around the date of Ms. Smith’s planned departure, for the amount of $20 per hour, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Audra Way as a Part-Time Clerk in the Town Clerk and/or Tax Receiver’s Offices on an “as needed” basis effective on or about the date of current part-time Clerk Kim Smith’s departure, to be paid on an hourly basis at the amount of $20 per hour, with a maximum average of 24 hours per week with the exception of occasional coverage for vacation or sick leaves, subject to Ms. Way’s successful passing of a pre-employment physical as required by Town Policy and completion of a six (6) month probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED AT 378 QUEENSBURY AVENUE OWNED BY JERAD ROSS RESOLUTION NO. 397, 2019 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has inspected an apartment building located at 378 Queensbury Avenue in the Town of Queensbury (Tax Map No.: 297.16-1-2.2) and owned by Jerad Ross and found that there is no roof on the main structure (structure) which was involved in a fire in May of 2021, and WHEREAS, by letter dated June 15, 2021, the Director advised the property owner that the property owner must take appropriate measures to either board up and secure or demolish the structure but no action has yet been taken by the property owner, and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 211 WHEREAS, the Director has advised the Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to authorize certain actions if the owner does not come forward to arrange for the boarding up/securing or demolition of the structure, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be boarded up/secured or demolished, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the structure located at 378 Queensbury Avenue in the Town of Queensbury (Tax Map No.: 297.16-1-2.2) and owned by Jerad Ross appears to be in disrepair, dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe th structure on Monday, December 20, 2021 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION AWARDING BIDS FOR NATURAL LIGHT SODA ASH, LIQUID ALUM AND SODIUM HYPOCHLORITE RESOLUTION NO.: 398, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 212 SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury duly advertised for bids for Natural Light Soda Ash, Liquid Alum and Sodium Hypochlorite in accordance with Town Water Department Bid Specifications, and WHEREAS, the Town’s Purchasing Agent and Water Superintendent have reviewed the bids and recommended that the Town award the bids to the lowest responsible bidders, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids to the lowest responsible Bidders in each category as follows 1. Natural Light Soda Ash – To Univar USA Inc., for the amount of $576.85/ton / .2885/lb;2. 2. Liquid Alum – To Holland Company, Inc. for the amount of $425.00/ton; and 3. Sodium Hypochlorite – To Surpass Chemical for the amount of $1.062/gallon to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, st RESOLVED, that such bid awards shall be effective through December 31, 2022 with an option at such time to extend such bid award for up to two (2) additional 12 month periods or through st December 31, 2023 or 2024, with any extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges, add-ons or tariffs to be added, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 6day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER G. MICHAEL DIXON AS REGULAR MEMBER OF TOWN PLANNING BOARD RESOLUTION NO. 399, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 213 WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 88,2018, the Town Board appointed G. Michael Dixon as an alternate member of the Planning Board, and WHEREAS, a Planning Board regular member vacancy will exist as of December 31, 2021 and therefore the Town Board wishes to appoint Mr. Dixon to serve as a regular member on the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints current alternate member G. Michael Dixon to serve as a regular member of the Queensbury Planning Board until such term st expires on December 31, 2028. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON 2022 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 400, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the Town’s Agreements with its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc. will expire as of December 31, 2021, and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 214 WHEREAS, in such Agreements the Town and Emergency/Rescue Squads agreed that the terms and provisions of the existing Agreements may continue during the interim period pending execution of new Agreements, and WHEREAS, the Town and West Glens Falls Emergency Squad, Inc. have negotiated terms for a new one (1) year Agreement for general emergency ambulance services for 2022 and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement, and WHEREAS, due to additional needed services caused by COVID-19 impacts and delays in New York State reimbursements, such Agreement includes a portion of 2021 and is in addition to the amounts provided for in the Agreement dated as of January 1, 2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall duly conduct a public hearing concerning a proposed new emergency ambulance services Agreement between the Town of th Queensbury and West Glens Falls Emergency Squad, Inc. for 2022 on Monday, December 20, 2021 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TRI-COUNTY LITERACY CENTER, INC. RESOLUTION NO. 401, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 215 WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the Town to provide remedial reading services to Town of Queensbury adult residents with reading difficulties and therefore wishes to enter into an agreement with Tri-County Literacy, Center, Inc., for the provision of these services, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Tri-County Literacy Center, Inc. for the year 2021 with funding for the Agreement not exceeding the sum of $7,500 and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account(s) as will be determined by the Town Supervisor and/or Town Budget Officer. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE FEEDER CANAL ALLIANCE RESOLUTION NO.: 402, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to provide funding to the Feeder Canal Alliance in an amount not to exceed $10,000 with occupancy tax revenues received from Warren County and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 216 accordingly enter into a 2021 Agreement with the Feeder Canal Alliance for the provision of recreational venues and promotion of events to Town and area residents and visitors, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2021 Agreement between the Town and the Feeder Canal Alliance and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, with funding for the Agreement not to exceed $10,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows:  Revenue Acct No. –050-0000-51113 Occupancy Tax Revenue $10,000;  Expense Acct. No. – 050-6410-4412 Use of Occupancy Tax $10,000; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION TO AMEND 2021 TOWN BUDGET RESOLUTION NO.: 403, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 217 WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2021 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990- 4400 Contingency 001-7550-4533 Celebrations 2,500 004-9010- 8010 NYS Retirement 004-5140-4009 Tree Trimming 3,000 th Duly adopted this 6 day of December, 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT :None RESOLUTION AUTHORIZING ENGAGEMENT OF STORED TECHNOLOGY SOLUTIONS, INC. FOR SERVICES RELATED TO PURCHASE AND INSTALLATION OF DATA NETWORK, CAMERAS AND TELEPHONES AT HIGHWAY DEPARTMENT STORAGE BUILDING ON BIG BAY ROAD RESOLUTION NO.: 404, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 304,2016, the Queensbury Town Board authorized a five (5) year extension of the Agreement between the Town of Queensbury and StoredTech Technology Solutions, Inc., (Stored Tech) for the continued provision of professional information technology services, and WHEREAS, Stored Tech has submitted Quote No.: STSQ15471 dated Dec 1, 2021 for the Town’s purchase and installation of data network, cameras and telephones for the Town’s new REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 218 Highway Department Storage Building on Big Bay Road (Storage Building) for an amount of $12,636.15 which amount includes $3,490 for StoredTech’s professional services, and WHEREAS, the Town Board wishes to engage StoredTech in accordance with such Quote as such professional services are consistent with StoredTech’s existing provision of information technology services and StoredTech has the skill, expertise and an established familiarity and comfort level with the Town’s building infrastructure, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Stored Technology Solutions, Inc., (Stored Tech) for professional services in accordance with Stored Tech’s Quote No.: STSQ15471 dated Dec 1, 2021 for the Town’s purchase and installation of data network, cameras and telephones for the Town’s new Highway Department Storage Building on Big Bay Road (Storage Building) for an amount of $12,636.15 which amount includes $3,490 for StoredTech’s professional services, and authorizes and directs the Town Supervisor to sign any needed documentation and/or agreements to effectuate such purchase and services to be paid from Capital Construction Account No.: 238-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – WARRANT: 12072021 RESOLUTION NO.: 405, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 12072021 with a run date of 12/02/2021 and a payment date of 12/07/2021, REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 219 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 12072021 with a run date of 12/07/2021 and a payment date of 12/07/2021 totaling $1,184,335.35, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT : None RESOLUTION AUTHORIZING REPAIRS TO CREMATION EQUIPMENT AT PINE VIEW CEMETERY BY MATTHEWS ENVIRONMENTAL SOLUTIONS RESOLUTION NO.: 406, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Town Cemetery Commission have requested that the Town Board authorize certain necessary, vital repairs to the cremation equipment at the Pine View Cemetery by Matthews Environmental Solutions (Matthews) as a single source vendor, and WHEREAS, the Cemetery Superintendent has advised that the cost of the repairs is estimated to be approximately $20,000 as may be more specifically described in a proposal forthcoming from Matthews, and WHEREAS, Matthews has performed annual Power Pak Cremator inspections, is accepted by the New York State Department of Environmental Services as meeting statutory requirements REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 220 regarding inspections, and is the manufacturer of these Cremators, possessing proprietary engineering drawings and specifications for such equipment, and for these reasons, the Town Board wishes to declare Matthews as a sole source provider related to these repairs, and WHEREAS, this will ensure that the Town’s retorts will continue to operate in a safe and efficient manner while continuing to meet DEC’s regulatory requirements, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the repairs to the cremation equipment at the Pine View Cemetery and the engagement of Matthews Environmental Solutions (Matthews) for an amount not to exceed $20,000 to be paid from Equipment Repairs Account No.: 002-8810-4800-8811, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an additional amount up to $2,000 to cover freight charges related to this repair project, if freight charges are necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to amend the 2021 Town Budget and transfer an amount not to exceed $22,000 from the Cemetery Department’s Undesignated, Unappropriated Fund Balance to Equipment Repairs Account No.: 002-8810-4800-8811 and take any other actions necessary to provide for the repair project, and REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 221 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed proposal with Matthews in form acceptable to the Town Supervisor, Cemetery Superintendent, Budget Officer and/or Town Counsel as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None 4.0 CORRESPONDENCE None 5.0 PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) JEREMY BEAUDETTE-CANTERBURY -Asked the Board if they made a decision of opting in or out of the legalization of marijuana sales. Spoke to the Board regarding the positives and negatives of legalization of marijuana sales in Communities. Asked the Board to consider these things before making a decision on whether you decide to opt in or opt out and really invite this type of substance or activity sort of passively approving it by bringing it in to our Community. KRISTINA TUCKER-Asked the status of the Jenkinsville water issues. TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I) Nothing to report COUNCILMAN FREER (WARD II)  Spoke regarding completing the Community Campaign for Solar and Electric Vehicles noting they will get five thousand dollars each from the State for this.  Spoke regarding the need to get people vaccinated. The recommendation is to wear a mask when you cannot keep socially distance inside. We should continue to try to do that. REGULAR TOWN BOARD MEETING 12-06-2021, MTG#39 222 COUNCILMAN FERONE (WARD III)  Spoke regarding COVID and the importance of getting vaccinated. We have to be vigilant and continue to watch what we do with COVID.  Spoke regarding the passing of Jim West who was the founder of TV Data and his contributions to the Community. COUNCILMAN MCNULTY (WARD IV)  Spoke regarding the status of the Corinth Road Traffic Study. SUPERVISOR STROUGH nd  Attended the 132 Memorial Service for the Glens Falls Lodge B.P.O.E. Thanked State Senator Stec and Assemblyman Matt Simpson for their presence.  Attended the Mixer for the Adirondack Association of Towns and Villages  Spoke regarding the Town’s Holiday Candy Cane Lane Run. Thanked the Town Board and Town Employees and all the Volunteers and Businesses that helped to make this event a success.  Thanked Deputy Receiver Kim Smith for her service to the Town of Queensbury. Wished her the best as the new Town Clerk for the Town of Keene, New York.  Thanked the Lake George Association and Rosemary Pusateri for protecting Lake George.  Still looking for people to help volunteer to deliver Home Meals for the Glens Falls Queensbury area. If you are interested in doing this you may call (518) 761-6347 or email mccarthym@warrencountyny.gov  Barbara H. Tierney Budget Officer for the Town of Queensbury has earned the credentials of Municipal Finance Officer Designation, which is awarded by New York State Society of Municipal Finance Officers.  Thanked Look TV RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 407, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted the 6 day of December, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY CLERK