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06-13-2022 MTG #17 Regular Town Board Meeting, 06-13-2022, MTG 917 670 REGULAR TOWN BOARD MEETING MTG#17 June 13, 2022 RES. #221-240 7:00 P.M. BOH #49-58 LL # 4-6 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE TOWN BOARD MEMBER ABSENT 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.: 221, 2022 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 from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 131h day of June, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty 1.1 PUBLIC HEARING—Sewage Disposal Variance Application of Peter Miller PUBLICATION DATE: June 2, 2022 SUPERVISOR STROUGH reviewed the proposed application and seven variances for the property located at 119-121 River Street. BOB HOLMES-Good evening, my name is Bob Holmes and I am joined by Ann Miller, the property owner of 121 River Street. Mr. Supervisor, I think you summed it up pretty straight forward in what we are requesting. The primary reason that it seems like we have a large Regular Town Board Meeting, 06-13-2022, MTG 917 671 number of variances. Well we have a reasonably small piece of property in which the property is bisected by a stream. So, in efforts to maximize as much as we possibly can to achieve setbacks, that's what we're doing in the process. Just for an example, the existing onsite wastewater system for 121 River Street, we believe it's an old septic tank, leach pit, seepage pit, to what extent we don't really know but it is located right at the stream's edge. So, it's our belief that anything that we're doing is we're going to be making significant steps forward in order to protect public health and environmental health. One that may have struck you as when you read, Mr. Supervisor read the variances off was the separation distance for the force main. Yes, we're proposing a zero foot setback to the stream because we have to cross the stream from our pump station to where the leach system will have to be located. I guess at this point I'm willing to entertain any questions, comments, concerns that the Board might have. SUPERVISOR STROUGH-Any questions from the Board before I open the public hearing? COUNCILMAN METIVIER-No. COUNCILMAN FERONE-No. SUPERVISOR STROUGH-Okay. Any member of the public, you can stay here and if there are I'm going to ask you to sit down and return. Are there any members of the public? Yes, there is somebody that would like to speak to this so if you would please have a seat and then I'll have you come back after the members of the public who wish to speak to this speak to this. Yes ma'am, please come forward. Alright, would you both please identify yourselves for the record? LORRIE TRYBENDIS-Lorrie Trybendis. MARK TRYBENDIS-Mark Trybendis. MS. TRYBENDIS-We live at 123,just on the other side of the stream. We think it's great that they want to put that in and we only just have one concern; how they're going to get back there to put it in with all of the heavy equipment. We're not sure. We've lived there for almost thirty- eight years. We've used the property that we were told was ours when we moved in. I was just recently, Mr. Miller has been expressing concern by telling us that's his property. So, we just want to make sure that they're not going to come down through. You know what I mean? We're just wondering how they're getting down through. SUPERVISOR STROUGH-It's a good question and I will ask the applicant and the applicant's agent. MS. TRYBENDIS-That's our main concern. SUPERVISOR STROUGH-Okay. MR. TRYBENDIS-Other than, I mean we're in support of the project. MS. TRYBENDIS-Yes. SUPERVISOR STROUGH-Alright, but it's a good legitimate question so we will find out. MR. TRYBENDIS-Yea, it's the logistics. SUPERVISOR STROUGH-Okay, thank you. MR. TRYBENDIS-Thanks. SUPERVISOR STROUGH-Anybody else like to speak to this septic variance application? Seeing none, will the applicant and the applicant's agent return to the table? Alright so the question is, how are we going to get the equipment back there to install the infiltration bed? MR. HOLMES-What is envisioned as far as access goes would be a temporary crossing over the existing stream that is there now, likely to be done with. Like a skitter-timber bridge, something of that nature or some kind of metal plate that we can expand across the stream. From access Regular Town Board Meeting, 06-13-2022, MTG 917 672 onto the property will be between, it will be the alley between 119 and 121. What was envisioned is given the space that we have available to us is the contractor mobilized onsite, cross the stream, do the installation of the leaching system and then build their, build the system on their way back out. That way the placement of the septic tank, the new septic tank and pump station will not be hindered by construction equipment wanting to drive across it after. SUPERVISOR STROUGH-Okay and then that temporary bridge which is going to be strong enough. MR. HOLMES-Will be removed. SUPERVISOR STROUGH-Will be pulled? MR. HOLMES-Correct. SUPERVISOR STROUGH-Yea and as far as access, your pump tank and septic tank all will have access from River Street anyways, if not from the driveway. MR. HOLMES-Correct. SUPERVISOR STROUGH-Okay. Any other questions? COUNCILMAN METIVIER-Did you do a survey of the property? MR. HOLMES-There is no survey at this time of the property. All of our measurements were based on deed, what was, you could find recorded at the County and obviously GIS information. COUNCILMAN METIVIER-So is there a discrepancy in property lines? MR. HOLMES-Not that we are aware of. SUPERVISOR STROUGH-Alright. Has the Trybendis, did you have your property surveyed? MR. TRYBENDIS-We did not. None of the drawings are anywhere near where our concern is. SUPERVISOR STROUGH-Did you go on the Town website, property locator? MR. TRYBENDIS-Yea,that's where this all this happened. It's been thirty-seven, thirty-eight years there, last fall... SUPERVISOR STROUGH-Well if you want to talk about this beyond that, I'll give you the opportunity. But if there's some discrepancy over whose property it is, we want that for the record. MR. TRYBENDIS-It's not where SUPERVISOR STROUGH-Alright then just a minute, will you please return to your seats? MR. HOLMES-Certainly. SUPERVISOR STROUGH-And the Trybendis', would you please or one of you at least come back? Mark and Lorrie, you can too if you want. Alright, so Mark, your concern is that it may not be on their property? MR. TRYBENDIS-No, not at all. Their drawings, everything they are doing is fully on their property, no question about it. SUPERVISOR STROUGH-Oh okay. Alright. MR. TRYBENDIS-We were just concerned because Peter Miller had some issues since just last fall with us. So we've been there thirty-eight years lived across from them but just last fall and Regular Town Board Meeting, 06-13-2022, MTG 917 673 left a tax map under our thing and that's not the area that we've always used. So we wanted to make sure they weren't going drive on that area and rip it up and everything. SUPERVISOR STROUGH-Alright. COUNCILMAN METIVIER-So besides that, you're okay? MR. TRYBENDIS-So besides that, it's a separate issue that we'll have to solve at some point. SUPERVISOR STROUGH-Alright, thanks Mark. COUNCILMAN METIVIER-Thank you. SUPERVISOR STROUGH-Alright, will the applicant and the applicant's agent will you please again return? Thank you for accommodating us. MR. HOLMES-Not a problem. SUPERVISOR STROUGH-Questions. Any other questions? Go ahead Councilperson Ferone. COUNCILMAN FERONE-I heard the Supervisor refer to this as apartments so are there apartments that you're renting to other folks? MR. HOLMES-What's there now, my client lives in 121, no, I am sorry, 119. And they do, it's or was your mother or mother-in-law was located at 121 and has since passed away. There is two single bedroom apartments that have existed in that building long term, first floor and second floor. So there's no changes in the number of bedrooms. It's just a matter of reconnecting to get a system that's more compliant than what we have currently. COUNCILMAN FERONE-Okay. The reason I ask that question was when I was reviewing the documentation today, there was in there something to the effect that there was a recommendation for an annual inspection of the system. I didn't know if that was something that you know, I didn't know what the extent was in terms of the number of people staying there, probably not ... what was the use was already but I just wanted to ask if that was something that you would be doing on a regular basis considering that it's not only for personal use but you're renting the units out to other folks. MR. HOLMES-Obviously the rental, the occupancy of the rentals is dependent on the number of bedrooms, presumably two people per bedroom. Specifically, I don't know, is the Board entertain, or looking to entertain a condition that the annual inspections be completed or I'm not sure what exactly you're referring to. COUNCILMAN FERONE-I am bringing it up as a discussion item because I saw it in the documentation. MR. HOLMES-Okay. I mean it is always something that you pay attention to on a regular basis. There's some ongoing maintenance that needs to occur, especially with a pump station, you always want to make sure that that is pumped. SUPERVISOR STROUGH-And by the way, the method of doing business, the system will be periodically inspected by Town personnel anyways as its being installed. MR. HOLMES-During installation, correct. SUPERVISOR STROUGH-Okay, any other Town Board members? I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING PETER E. MILLER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES Regular Town Board Meeting, 06-13-2022, MTG 917 674 RESOLUTION NO.: BOH 49,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS,Peter E. Miller(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 treatment system with its components proposed to be located as follows: 1. Sanitary Sewer Force Main to be 0' from the stream in lieu of the required 50' setback; 2. Pump Station to be 14'6" from the stream in lieu of the required 50' setback; 3. Septic Tank to be 2l'1" from the stream in lieu of the required 50' setback; 4. Septic Tank to be 5' from the building in lieu of the required 10' setback; 5. Leach Bed 6' from the property line in lieu of the required 10' setback; 6. Leach Bed to be 6'3" from the building in lieu of the required 20' setback; and 7. Leach Bed to be 67' ± from the stream in lieu of the required 100' setback; on property located at 119—121 River Street 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, June 13'', 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and Regular Town Board Meeting, 06-13-2022, MTG 917 675 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Peter E. Miller for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with its components to be located as follows: 1. Sanitary Sewer Force Main to be 0' from the stream in lieu of the required 50' setback; 2. Pump Station to be 14'6" from the stream in lieu of the required 50' setback; 3. Septic Tank to be 21'1" from the stream in lieu of the required 50' setback; 4. Septic Tank to be 5' from the building in lieu of the required 10' setback; 5. Leach Bed 6' from the property line in lieu of the required 10' setback; 6. Leach Bed to be 6'3" from the building in lieu of the required 20' setback; and 7. Leach Bed to be 67' ± from the stream in lieu of the required 100' setback; on property located at 119— 121 River Street in the Town of Queensbury and bearing Tax Map No: 311.5-1-5. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty 1.2 PUBLIC HEARING—Sewage Disposal Variance Application of Gary Sampson PUBLICATION DATE: June 2, 2022 SUPERVISOR STROUGH reviewed the proposed application and two variances for the property located at 54 Russell Harris Road. MR. HOLMES-Good evening, I am still Bob Holmes with Jarrett Engineers and I am joined by Gary Sampson, the owner at 54 Russell Harris Road. As the Supervisor described, we are proposing holding tanks to replace an existing antiquated septic seepage pit, whatever it is that's on the property now. I've actually done many other sites immediately adjacent to the property over the years, they're not, it's not the most ideal soil conditions and given the small site, it is our belief that yes, a holding tank is appropriate for the utilization on this property. One of the reason, I know that we're required to come before you just in getting approval for the use of a holding tank to begin with, that we do wish to have the reduction of the holding tank size from what is specified in the chart in the Town Code to twenty-five hundred gallons a day instead of the, oh I'm sorry, instead of the twenty-five hundred gallons total storage compared to the thirty- five hundred required in the Code. The property does all have low flow fixtures throughout it so that does equate to a hundred and ten gallons per day per bedroom designed flow going into that holding tank. So, the seven days of storage times a hundred and ten gallons per day per bedroom, we require the minimum would be twenty-three hundred and fifty so we proposed putting in two twelve hundred and fifty gallon tanks for a total of the two thousand five hundred gallon. SUPERVISOR STROUGH-Okay, any questions of the applicant before the public hearing? Or the applicant's agent? Alright, is there anybody present that would wish to speak to Gary Sampson's application for sanitary sewage disposal variances on 54 Russell Harris Road? I'll close the public hearing. Regular Town Board Meeting, 06-13-2022, MTG 917 676 PUBLIC HEARING CLOSED RESOLUTION APPROVING GARY SAMPSON'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 50,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Gary Sampson(Applicant)filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system as the Applicant wishes to install a holding tank system consisting of two (2) 1,250 gallon capacity precast concrete holding tanks for a total capacity of 2,500 gallons in lieu of the required total capacity of 3,500 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of the holding tank system: 1. 6'6"from the property line instead of the required 10' setback; and 2. 6'6"from the property line instead of the required 10' setback; on property located at 54 Russell Harris 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, June 13'', 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 3. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4. the Local Board of Health finds that the granting of the variances is necessary for the Regular Town Board Meeting, 06-13-2022, MTG 917 677 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 Gary Sampson for variances from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of two (2) 1,250 gallon capacity precast concrete holding tanks for a total capacity of 2,500 gallons in lieu of the required total capacity of 3,500 gallons and allow placement of the holding tank system: 1. 6'6"from the property line instead of the required 10' setback; and 2. 6'6"from the property line instead of the required 10' setback; on property located at 54 Russell Harris Road in the Town of Queensbury and bearing Tax Map No: 240.5-1-8, 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 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty 1.3 PUBLIC HEARING—Sewage Disposal Variance Application of Timothy Welles and Lauren Freyer PUBLICATION DATE: June 2, 2022 SUPERVISOR STROUGH reviewed the proposed application and two variances for the property located at 121 Pilot Knob Road. TOM JARRETT-Certainly, it's a tag team. I am Tom Jarrett with Jarrett Engineers, I am representing the Welles family. Tim Welles, the patriarch wished to be here tonight but his daughter, his youngest daughter is graduating, attending a graduation tonight so he could not attend. There are two properties involved in this project. One is the property on Pilot Knob Regular Town Board Meeting, 06-13-2022, MTG 917 678 Road which is occupied with a residential structure right now, a five bedroom structure with an old antiquated wastewater system that is too close to the, a wetland. Not the same wetland that we're asking a variance for but the wetland on the west side of the property. The other property involved is on Pulver Road and that is a vacant property now. It's been an existing parcel for many, many years. They recently bought both properties and they bought the lakefront lot with this. They will be proposing a new house on that lot in the not too distant future,probably within the next couple of years. So they plan on managing wastewater together as the lakefront lot really has no condition suitable for wastewater management. Far too close to the lake, far too shallow to groundwater and soils. When I dug the test pit by hand, I could barely get through with it, it's very, very hard. It's old rock filled according to the neighbor next door. So we plan a common system, back-to-back system so they could be separated in the future if ever need be. A back-to-back system in the lawn area of the main residence on Pilot Knob Road. We are fifty- three feet and change from a wetland, it's not a surface water wetland but it is shallow ground water that was delineated by the APA as jurisdictional wetland. You'll see that flagging on the survey on drawing EX1 as well as WW1. There is a stream north of that which you'll see better on the survey on EX I. We are a hundred feet from that but we are not, we're not a hundred feet from the wetland. Again, the wetland is not a surface water wetland, not open water. There is a lot of very shallow bedrock on the property as well as wetland surrounding the property and domestic wells. So there are many, many site constraints. We do need two variances. One the setback to the wetland as I mentioned and the other is crossing Pulver Road with a pipeline to get to this common system would require zero setback to the roadbed. So we need a second variance. We are proposing a belt and suspender approach. We are proposing three feet of vertical separation to groundwater as opposed to the bare minimum two. Your code requires three for any kind of raised system. This is actually an enhanced system. The Eljen System is NSF40 approved as an enhanced system. It far exceeds the NSF40 criteria, if you look at the literature that I provided with the application. I guess I will open it up for questions. SUPERVISOR STROUGH-Alright, questions from the Board? Okay, let me see if there are questions from the public. Does any member of the public who's present today wish to speak on this sanitary sewage disposal variance request by Welles and Freyer of 121 Pilot Knob Road? Nobody on Zoom either. Alright, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING TIMOTHY WELLES & LAUREN FREYER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 51,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Timothy R. Welles and Lauren W. Freyer (Applicants) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install: 1) a leaching system 53.6' from a wetland in lieu of the required 100' setback; and 2) a force main 0' from crossing a Town right-of-way in lieu of the required 10' setback; on property located at 121 Pilot Knob Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's Regular Town Board Meeting, 06-13-2022, MTG 917 679 official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, June 13'', 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 5. 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 6. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Timothy R. Welles and Lauren W. Freyer for variances from the Sewage Disposal Ordinance to install: 1) a leaching system 53.6' from a wetland in lieu of the required 100' setback; and 2) a force main 0' from crossing a Town right-of-way in lieu of the required 10' setback; on property located at 121 Pilot Knob Road in the Town of Queensbury and bearing Tax Map No: 227.14-1-9, 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. Regular Town Board Meeting, 06-13-2022, MTG 917 680 Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty SUPERVISOR STROUGH read the following from Attorney Stefanie DiLallo Bitter into the record: Please be advised that I represent Stephen and Meghan Orban the individuals who took title of the above mentioned property on January 27, 2022. At that time we requested an exemption, because it is my client's intention to demolish the existing structures and reconstruct the septic system at the time the home is constructed. On the closing date we submitted the $2,000 refundable deposit plus the $275 permit fee. At this time my clients have retained AJA Architecture and Planning, EDP Engineering and Hilltop Construction relative to the site's construction. We will be submitting the applications to the Town of Queensbury this month and it is anticipated that the applications will be before the Planning and Zoning in June. The Team anticipates that the new septic system should be installed and running in the spring of 2023. SUPERVISOR-Are you planning on renting this or using this facility in any way until the new construction is up? ATTORNEY ALEX DAVIS-I'm another attorney at the same firm as Stefanie. I believe we submitted, I have a copy if you don't have it, a letter from the clients that confirms, a notarized letter that they don't plan to use or occupy the structure and they plan to just demolish it as soon as they are able. TOWN BOARD held further discussion, agreed to add a condition to the Resolution with the proposed language: TOWN COUNSEL SCHACHNER-With the condition that there will be no use of the facility until the new system has been installed. ATTORNEY DAVIS-If I could ask,I just want to make sure that the$2000 that's being held is going to continue to be held and they're not forfeiting that? SUPERVISOR STROUGH-No, you are not forfeiting it. As soon as the system is installed, you'll get it back. RESOLUTION GRANTING STEPHEN AND MEGHAN ORBAN ADDITIONAL EXTENSION OF TIME TO COMPLETE INSTALLATION OF NEW WASTEWATER SYSTEM ON PROPERTY LOCATED AT 21, 25 DUNCAN COVE RESOLUTION NO.: BOH 52,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and Regular Town Board Meeting, 06-13-2022, MTG 917 681 WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS,by letter dated May 4, 2022, Stefanie DiLallo Bitter, on behalf of Stephen and Meghan Orban (Applicants) advised that the Applicants took title of property located at 21, 25 Duncan Cove in the Town of Queensbury (Tax Map No.: 226.16-1-7) in January 27, 2022 with the intention of demolishing the existing structure and reconstructing the septic system at the time their new home is constructed with the new septic system scheduled to be installed and running in the spring of 2023, and WHEREAS, since the new septic system will not be installed by June 2022, the Applicants requested that the Town Board grant additional time to complete such work and extend the date on which the $2,000 escrow deposit Applicants previously deposited with the Town shall be automatically forfeited to the Town and the Acting Director of Building and Codes Enforcement recommended that the Town Board as the Town's Local Board of Health approve this requested extension to May 1, 2023, and WHEREAS, by Resolution No.: 218, 2022, the Town Board authorized and granted the Applicants additional time or until June 13'', 2022 to complete such work and obtain a certificate of compliance from the Town's Building and Codes Enforcement Office, and WHEREAS, the Town Board requested additional information from the Applicants and agreed to an extension to gather that information, and WHEREAS, the Applicants have provided the Local Board of Health with the requested additional information, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended that the Town Board as the Town's Local Board of Health approve the requested extension to May 1, 2023, and NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Stephen and Meghan Orban additional time or until May 1, 2023 to obtain a Regular Town Board Meeting, 06-13-2022, MTG 917 682 certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of Applicants' new septic system located on their property located at 21, 25 Duncan Cove, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of May 1, 2023 and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution, and, BE IT FURTHER, RESOLVED, with the condition that there will be no use of the facility until the new septic system has been installed. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT : Mr. McNulty SUPERVISOR STROUGH read the following from Gary Glomb into the record: To Whom It May Concern. Good day. My name is Gary Glomb and I own a small camp located at 66 Rockhurst Road in Queensbury. Since purchasing the camp, I have been attempting to obtain a written estimate to have two holding tanks installed. I was told by all of the companies that I have contacted, that due to the pandemic and worker shortages, they were severely backed up and to contact them again the in the fall. I began making phone calls again this past fall and only had two of the many companies I contacted actually come out and make a site visit. IBS was one of those companies and after they had come out to take a look at the property,they stated that they were not interested in the job. Needless to say,this has been frustrating. I believe that what concerned IBS was Rockhurst Road itself in addition to the location of my camp. The road is very narrow and I have the power lines on my side which makes the job much more difficult. The job would also have to be done off season as the road would be blocked by the equipment. I am currently awaiting a written estimate from another company and will have to use this contractor. If you could grant me an extension, it would be greatly appreciated. COUNCILMAN FREER-My only comment would be that it not be used for a commercial rental property until they get it fixed. SUPERVISOR STROUGH-Can we have the same kind of condition that we had on the previous one? The facility will not be used until the new septic system has been installed. COUNCILMAN FREER-My recommendation would be not rented for commercial use but I am not sure exactly the status of the current situation. Your approach is overarching for sure but as a minimum I don't think we want to use it for rental. TOWN BOARD held further discussion, agreed to add a condition to the Resolution with the proposed language: TOWN COUNSEL SCHACHNER-Property shall not be used for rental until and unless the new septic system is installed. Regular Town Board Meeting, 06-13-2022, MTG 917 683 RESOLUTION GRANTING GARY GLOMB ADDITIONAL EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 66 ROCKHURST ROAD RESOLUTION NO.: BOH 53,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, Gary Glomb (Applicant) previously advised the Town Board, as the Town's Local Board of Health, that due to the unavailability of contractors due to the COVID-19 Pandemic, he was unable to arrange for the completion of needed alterations to his wastewater system, i.e., the installation of holding tanks, on his property located at 66 Rockhurst Road in the Town (Tax Map No.: 227.13-2-49) by October 20, 2021 and therefore requested that the Town Board grant him additional time to complete such alterations 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 Town's then Director of Building and Codes Enforcement recommended Town Board approval of the requested extension to June 1", 2022, and WHEREAS, by Resolution No.: BOH 61,2021, the Town Board authorized and granted Applicant the requested additional time or until June 1st, 2022 to complete installation of the holding tanks and obtain a certificate of compliance from the Town's Building and Codes Enforcement Office, and WHEREAS, by letter dated May 15, 2022, Applicant has again advised that due to the COVID-19 Pandemic and labor shortages, Applicant has been unable to complete installation of the holding tanks and therefore has requested that the Town Board grant additional time to complete Regular Town Board Meeting, 06-13-2022, MTG 917 684 such work and extend the date on which the $2,000 escrow deposit Applicant previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to October 20'', 2022, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Gary Glomb additional time or until October 20'', 2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the upgrade/replacement of the existing septic system, i.e., installation of holding tanks, located on his property located at 66 Rockhurst Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of October 20'', 2022 as delineated in this Resolution, and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, with the condition that the property shall not be utilized for rental until and unless the new septic system is installed. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT : Mr. McNulty JEFF HOLE-We've gone through the process of seeking variances we need to install the system. We employed Dennis MacElroy who came before this group to get the variances. Have since waited to ensure the APA didn't have any objections and proceeded to get our permit in April. I have engaged a couple of excavating but have settled on Crandall Excavating. Chris is going to do the job. He did a site visit with me but he's unavailable until this fall and he's also in the process of getting the equipment. I think that's the other challenge these days with the supply shortages around, getting the actual equipment that we're looking to do for the enhanced treatment. Our expectations, we're aiming for September. I didn't add it to the note but I think Dennis MacElroy also sent in a letter as well, I think that location which I believe some of you have visited in the past, is at the very end of Cleverdale. Chris also recommended that bringing in the excavation equipment in the middle of the busy season would be a major inconvenience for neighbors and potentially a reckless one with blocking the road. So on those grounds we applied for an extension to late fall. COUNCILMAN FREER-You're not planning to rent the unit? MR. HOLE-We shall not rent the unit. COUNCILMAN FREER-I think I would like to condition all of these on that aspect. Regular Town Board Meeting, 06-13-2022, MTG 917 685 TOWN COUNSEL SCHACHNER recommended the same language as previous: Property shall not be used for rental until and unless the new septic system is installed. RESOLUTION GRANTING JEFF HOLE AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 390 CLEVERDALE ROAD RESOLUTION NO.: BOH 54,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, by email correspondence dated May 18, 2022, Jeff Hole (Applicant) advised that due to the unavailability of his contractor and difficulty obtaining necessary septic system components, Applicant has been unable to arrange for completion of the installation of his replacement wastewater treatment system (as approved by Resolution No.: BOH 14,2022) on Applicant's property located at 390 Cleverdale Road in the Town of Queensbury (Tax Map No.: 226.8-1-7)by June 30'',2022 and therefore,the Applicant has requested that the Town Board grant him additional time to complete such work and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Town's Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to November 30'', 2022, NOW, THEREFORE, BE IT Regular Town Board Meeting, 06-13-2022, MTG 917 686 RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Jeff Hole additional time or until November 30'', 2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the installation of a replacement wastewater treatment system located on his property at 390 Cleverdale Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of November 30'', 2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, with the condition that the property shall not be utilized for rental until and unless the new septic system is installed. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT : Mr. McNulty PAUL DERBY-Purchased the property in the winter, asked for an exemption on the inspection. It was inspected by the Town on May 20'h. There is an existing holding tank there in good shape but it's too small for the number of bedrooms so we're going to need to get a new system in. So we need time to get that engineered. We need some variances on a very small property and hope to get it installed by the fall. COUNCILMAN FREER-You're not renting the property right? MR. DERBY-No, I am not. SUPERVISOR STROUGH-Is it being used at all? MR. DERBY-It is not being used at all right now. It may get very limited use but it would be very limited. The holding tank is accessible. I will check it regularly. If it needs pumping, we'll get it pumped. Town Board agreed to add the following condition: Property shall not be used for rental until and unless the new septic system is installed. RESOLUTION GRANTING PAUL DERBY AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 25 CANTERBURY DRIVE RESOLUTION NO.: BOH 55,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 06-13-2022, MTG 917 687 WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, by letter dated May 31, 2022, Paul Derby (Applicant) advised that as a result of a septic inspection of his property located at 25 Canterbury Drive in the Town of Queensbury(Tax Map No.: 289.17-1-20) on May 20, 2022 Applicant wishes to obtain an updated elevation survey of the property, develop an engineered septic system and secure the necessary variances from the Board of Health to complete the installation of a replacement wastewater treatment system on his property and therefore, the Applicant has requested that the Town Board grant him additional time to complete such work and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Town's Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to November 20'', 2022, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Paul Derby additional time or until November 20'', 2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the installation of a replacement wastewater treatment system located on his property at 25 Canterbury Drive, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of November 20'', 2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, Regular Town Board Meeting, 06-13-2022, MTG 917 688 RESOLVED, with the condition that the property shall not be utilized for rental until and unless the new septic system is installed. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT : Mr. McNulty SUPERVISOR STROUGH-So here we are at 11 Nacy Road asking for an extension until June 30'', 2022,this month? ATTORNEY ALEX DAVIS-That's my understanding, yes. Everything under construction right now, it just has not been finalized to get the approval in place. SUPERVISOR STROUGH-So it's under construction. We don't have to worry about the rental. ATTORNEY DAVIS-Right. COUNCILMAN METIVIER-Are you sure it's going to be done by June 30''? Instead of having her come back, can we put July 30''? Town Board agreed to amend the date of extension to July 30'h. RESOLUTION GRANTING GUY DIMEMMO AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 11 NACY ROAD RESOLUTION NO.: BOH 56,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and Regular Town Board Meeting, 06-13-2022, MTG 917 689 WHEREAS, by letter dated May 26, 2022, Stefanie DiLallo Bitter, Esq., on behalf of Guy DiMemmo (Applicant) advised that Applicant took title of property located at 11 Nacy Road in the Town of Queensbury (Tax Map No.: 289.6-1-18) on March 10, 2022 and Applicant's contractor anticipates completion of the installation of a new septic system for the property by no later than July 30'', 2022 rather than the required completion date of June 1", 2022 and therefore, Applicant has requested that the Town Board grant him additional time to complete such work and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Town's Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to July 301h 2022, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Guy DiMemmo additional time or until July 301h, 2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the installation of a new wastewater treatment system located on his property at 11 Nacy Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of July 30'', 2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT : Mr. McNulty SUPERVISOR STROUGH read the following from Reece Rudolph into the record: I am requesting an extension of my septic system installation until August 1, 2022 due to the fact of being unable to get materials delivered on time. SUPERVISOR STROUGH-Is this one where you still want to add that no rental section? COUNCILMAN FREER-I don't know enough about it but yea, I don't want to miss anything. Town Board agreed to add the following condition: Property shall not be used for rental until and unless the new septic system is installed. RESOLUTION GRANTING REECE RUDOLPH AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 31 NACY ROAD Regular Town Board Meeting, 06-13-2022, MTG 917 690 RESOLUTION NO.: BOH 57,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, by letter dated May 31, 2022, Reece Rudolph (Applicant) owner of property located at 11 Nacy Road in the Town of Queensbury (Tax Map No.: 289.6-1-19) advised that due to the fact that he is unable to get materials delivered on time, completion of the installation of a new septic system for the property will be completed by no later than August 1", 2022 rather than the required completion date of June 1", 2022 and therefore, Applicant has requested that the Town Board grant him additional time to complete such work and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Town's Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to August 1", 2022, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Reece Rudolph additional time or until August 1st,2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the installation of a new wastewater treatment system located on his property at 31 Nacy Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of August 1",2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Regular Town Board Meeting, 06-13-2022, MTG 917 691 Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, with the condition that the property shall not be utilized for rental until and unless the new septic system is installed. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT : Mr. McNulty TOWN COUNSEL SCHACHNER-Before you leave Board of Health and I am glad Mr. Derby is still here. I have a question about that particular application extension. My question is, I think Mr. Derby candidly stated that in his situation, if I understood correctly, he's going to need additional variances from this Board acting as Board of Health. If that's true, I think we should add language to the Resolution indicating that the extension is not a guarantee that those variances will be granted. Town Board agreed to add an additional condition based on Town Counsel Schachner's recommendation and recalled 1.7, Board of Health Resolution No.: 55, 2022 with the following to be added: SUPERVISOR STROUGH-This approval in no way approves any of the variances that might be forthcoming for the forthcoming septic system. Town Board with the added condition took action on the following Resolution: RESOLUTION GRANTING PAUL DERBY AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 25 CANTERBURY DRIVE RESOLUTION NO.: BOH 55,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and Regular Town Board Meeting, 06-13-2022, MTG 917 692 WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, by letter dated May 31, 2022, Paul Derby (Applicant) advised that as a result of a septic inspection of his property located at 25 Canterbury Drive in the Town of Queensbury(Tax Map No.: 289.17-1-20) on May 20, 2022 Applicant wishes to obtain an updated elevation survey of the property, develop an engineered septic system and secure the necessary variances from the Board of Health to complete the installation of a replacement wastewater treatment system on his property and therefore, the Applicant has requested that the Town Board grant him additional time to complete such work and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Town's Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to November 20'', 2022, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Paul Derby additional time or until November 20'', 2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the installation of a replacement wastewater treatment system located on his property at 25 Canterbury Drive, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of November 20'', 2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, with the condition that the property shall not be utilized for rental until and unless the new septic system is installed, and BE IT FURTHER, RESOLVED, with the condition that this approval in no way approves any of the variances that might be forthcoming for the forthcoming septic system. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Freer, Ferone, Mr. Strough, Mr. Metivier Regular Town Board Meeting, 06-13-2022, MTG 917 693 NOES None ABSENT : Mr. McNulty RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 58,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 13'h day of June, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty 2.0 PUBLIC HEARINGS 2.1 Public Hearing —Proposed Local Law of 2022 Allowing Certain Bicycles With Electric Assist Everywhere Bicycles Without Electric Assist Are Allowed PUBLICATION DATE: June 2, 2022 SUPERVISOR STROUGH-Currently State Law says that electric bicycles are not allowed on any road where the speed limit exceeds 30 mph. That will mean many roads in Queensbury electric bikes would not be allowed on. We're talking about Class I and Class 2. These are power assisted 750 watt maximum. They can go up to speeds of 20, not likely. But again, you have to be pedaling for this bicycle to work. Other bicycles that you don't need to pedal are not being approved and the only place I know where they are approved is New York City. They are not approved elsewhere in New York State. This includes the bikeway, this includes the trails. So what we have is a Resolution saying that Class I and Class 2 of electric assisted bikes are allowed wherever the usual bicycles. Not power assisted bicycles, your traditional one are allowed. That's what this Law is saying. There is a public hearing but any thoughts on behalf of the Town Board? COUNCILMAN FERONE-I might not be an avid biker. I know you are Harrison, I think Tony maybe too. How prevalent are these? I mean are you seeing them more and more? SUPERVISOR STROUGH-Oh yea. COUNCILMAN FREER-They're becoming more and more prevalent. The average age of people buying them like in their fifties or older. Just for the record, we did have some discussions about allowed on sidewalks, or limited to sidewalks and we agreed that, right now, we don't have an ordinance that prohibits bikes on sidewalks. And sometimes, as I have written letters to the editor, it's safer to be on the sidewalk than on Route 9. So,we're going to give this a try. Will give careful consideration to e-bikes that are not being polite on the sidewalks because that would be something that we'd concern ourselves with but right now, it's not a problem with bikes on sidewalks. As I've said, sometimes it makes safety sense to get on the sidewalk. So I just wanted make sure people realized that Queensbury doesn't have a Law that says bikes can't go on the sidewalk but use good Regular Town Board Meeting, 06-13-2022, MTG 917 694 judgment and safety practices. And as it turns out,I brought some Bicycle Safety Guides for anybody who is interested and I support this Resolution. SUPERVISOR STROUGH-I too am working on some safety rules for the Warren County Bikeway that perhaps we may adopt with the aid of the Adirondack Bicycling Advocates formerly Warren County Safety Quality Bicycle Organization. They're having input on setting some of the rules so down the road,we may be adopting some rules, safety rules. But for right now,the State Law allows us but only after we adopt a law, allows us to say that Class 1 and Class 2 bicycles have all the rights of any bicycling of any format in the Town of Queensbury. So they won't be limited for example to roads unless the speed limit is 30 mph or less. There's a public hearing on this. Is there any member of the public that wishes to speak to this proposed law? TOWN COUNSEL SCHACHNER-I want to make sure we're telling the right fact about the classes. I am not sure the way you described the Class 2 and I know some of the council people have looked into this and I know you have looked into this. But the Class 2 definition that is referenced in our law is the State Vehicle and Traffic definition of Class 2 and the Class 2 definition does not indicate that pedaling has to be happening as well. SUPERVISOR STROUGH-Well I've read different versions of that. TOWN COUNSEL SCHACHNER-Okay. SUPERVISOR STROUGH-Class 3 is the only one that you do not have to pedal, that is power assisted alone. I think Harrison and I have researched this and I think that's the case. Class 2,you do have to pedal,right? TOWN COUNSEL SCHACHNER-Then we should change our reference in our proposed Local Law because it says as defined in Vehicle and Traffic Law Section 102-c. And I am looking at Vehicle and Traffic Law Section 102-c, and for Class 1 it says electric motor that provides assistance only when the person operating such bicycle is pedaling, exactly what we thought but that language is not in the definition of Class 2. SUPERVISOR STROUGH-So just to be on the safe side, we say Class 1 and Class 2 as defined by New York State. TOWN COUNSEL SCHACHNER-Okay,that's what I just read. SUPERVISOR STROUGH-We'll keep it that way then. COUNCILMAN FREER-So that allows for somebody with throttle on their.. TOWN COUNSEL SCHACHNER-Up to 20. Not exceeding 20. COUNCILMAN FREER-Right. TOWN COUNSEL SCHACHNER-The difference of Class 3 is not exceeding 25 and as the Supervisor said, only in Cities of a million or more. COUNCILMAN FREER-We've had this discussion, it is confusing. New York is a little confused compared to the industry. TOWN COUNSEL SCHACHNER-Correct. COUNCILMAN FREER-I've talked to Eric at Rick's about this. This is a new thing,new ecosystem and we'll finally figure it all out but I am fine with modifying as John indicated. SUPERVISOR STROUGH-Alright and anything I said just disregard. Class 1 and Class 2 as defined by New York State. COUNCILMAN FREER-Right. Regular Town Board Meeting, 06-13-2022, MTG 917 695 SUPERVISOR STROUGH-They are limited to 20 mph, they are both power assisted, whether we have to pedal or not. There's a difference of opinion. We'll just go by whatever New York State defines it. Having said that, any member of the public wish to speak to this proposed law? Yes, please identify yourself for the record and share your thoughts. PAUL DERBY-Paul Derby on Canterbury Drive so I live right next to the bike path. So it is confusing because I bike but I don't know the ... bikes. So if there's a Class 3 bicycle on the bike path or some place, how is that,what are the rules about that and how is going to be enforced? SUPERVISOR STROUGH-Well they're illegal in the Town of Queensbury and therefore, the Warren County Sheriffs Department can do something about it. Until we have a law but in New York State, New York City is the only place I know of where Class 3 are allowed. And so we need to educate the public on this matter as well as give the Warren County Sheriffs Office something to enforce. COUNCILMAN FREER-The other part that's confusing Paul is that the bikeway rules say no motorized vehicles. MR. DERBY-Correct. COUNCILMAN FREER-And so here we're talking about electric,there's a motor associated with it for most people but New York State in its wisdom has given municipalities, towns the authority to modify as we're doing. But they've also decided that electric bikes are not motorized vehicles so that's got the County confused and as I suggested, we're going to work all of this out. We just want people to be cautious and safe and not have rules that don't make any sense for Queensbury. MR. DERBY-Okay, it makes sense. Since we are on the record, I can tell you that there have been actually some motorized vehicles on the bike path and I guess we should make Warren County aware of that and I guess that would be a matter of the Sheriff, if that's the case? Particularly late at night. COUNCILMAN FREER-Which is totally illegal. Any motorized vehicles on the bike path is not allowed. MR. DERBY-Okay,thank you. SUPERVISOR STROUGH-Okay, thank you. Anybody else present? Alright, I see nobody on Zoom. Although I see some of the people on Zoom, they're also here. Okay, so I don't see any interest to discuss the law among any of the attendees via Zoom. Nor anymore present,so I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING LOCAL LAW NO. 4 OF 2022 ALLOWING CERTAIN BICYCLES WITH ELECTRIC ASSIST EVERYWHERE BICYCLES WITHOUT ELECTRIC ASSIST ARE ALLOWED RESOLUTION NO.: 222, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board would like to allow class one and class two bicycles with electric assist to operate everywhere within the Town of Queensbury that bicycles without electric assist are legally allowed including roads with speed limits over 30 miles per hour, and Regular Town Board Meeting, 06-13-2022, MTG 917 696 WHEREAS, the New York State Vehicle and Traffic Law authorizes the Town Board to further regulate the time, place, and manner of the operation of bicycles with electric assist by Local Law, and WHEREAS, a Local Law has been prepared which would accomplish this change and a Public Hearing has been held on such Local Law, and WHEREAS, the Town Board has reviewed the draft Local Law and considered any comments provided at the Public Hearing, and finds that it would be appropriate and desirable to adopt the Local Law, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby adopts Local Law No. 4 of 2022 allowing class one and class two bicycles with electric assist to operate everywhere within the Town of Queensbury that bicycles without electric assist are legally allowed including roads with speed limits over 30 miles per hour, and BE IT FURTHER, RESOLVED,that the Town Clerk is hereby authorized and directed to file such Local Law with the New York Department of State, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel to execute any required documents and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty LOCAL LAW NO.: 4 OF 2022 A LOCAL LAW ALLOWING CERTAIN BICYCLES WITH ELECTRIC ASSIST EVERYWHERE BICYCLES WITHOUT ELECTRIC ASSIST ARE ALLOWED BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS. Regular Town Board Meeting, 06-13-2022, MTG 917 697 Section 1. Intent,Authority—The purpose of this Local Law is to allow class one and class two bicycles with electric assist to operate everywhere a bicycle without electric assist can lawfully operate within the Town. This Local Law is adopted pursuant to New York Vehicle and Traffic Law Section 1242 and Municipal Home Rule Law Section 10. In particular, Vehicle and Traffic Law Section 1242 authorizes the Town Board to further regulate the time, place, and manner of the operation of bicycles with electric assist by Local Law. Section 2. Definitions -The terms "bicycle with electric assist", "class one"and"class two"shall have the same definition as contained in New York Vehicle and Traffic Law Section 102-c. Section 3. Allowance of Bicycles with Electric Assist — The use of class one and class two bicycles with electric assist are hereby allowed to be operated anywhere bicycles without electric assist are legally allowed within the Town including roads with speed limits over 30 miles per hour. Section 4. Repealer; Supersession — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. Section 5. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 6. Effective Date—This Local Law shall take effect upon filing by the office of the New York Secretary of State. 2.2 Public Hearing—Proposed Local Law No.: of 2022 to Amend Chapter 179"Zoning" of Town Code to Amend Zoning Map for a Portion of Tax Map Parcel: No. 309.7-1-55 PUBLICATION DATE: June 2,2022 SUPERVISOR STROUGH-This is a Hudson Headwaters request and it's for a parcel that is off of Western Avenue and the whole block is zoned Office and they're a section of that, that would not allow duplexes. They would like to add duplexes housing for their students and trainees. Across the street is the Neighborhood Residential Zone which does allow duplexes. So for that lot that's located between Holding Avenue and Western Avenue and it actually abuts Holding Avenue and then on the North side is Nathan Street, it appears that Hudson Headwaters owns the whole block, but they want to put housing,duplexes for students and trainees. And they are allowed in Neighborhood Residential. So, they would like to have that section rezoned Neighborhood Residential. Like I said, across the street and surrounding it is Neighborhood Residential. This is just drawing it into this one lot. So, we do have a public hearing on this tonight and we do have a SEQRA. So any thoughts on behalf of the Town Board before I open the public hearing? Seeing none, I will open the public hearing. Is there anyone here tonight who would like to speak to this proposed amendment to the Chapter 179 "Zoning Code" to amend Zoning Map for a portion of tax map parcel 309.7-1-55 and it's for that parcel which is currently zoned Office to Neighborhood Residential for the purposes of which I stated previously? Is there anybody here tonight present that wishes to speak to that? Seeing none, is there anybody on Zoom? Seeing none, can we do the SEQRA Town Counsel? TOWN COUNSEL SCHACHNER-Sure. So you're looking at COUNCILMAN FREER-Should you close the public hearing? SUPERVISOR STROUGH-No, I have to, we have to do SEQRA if there's been identified any impacts,that has to go into your consideration before you vote or close. I'll close the public hearing after SEQRA. Regular Town Board Meeting, 06-13-2022, MTG 917 698 TOWN COUNSEL SCHACHNER led the Town Board through the following Part 2 of the Full Environmental Assessment Form: FULL ENVIRONMENTAL ASSESSMENT FORM PART 2 —INDENIFICATION OF POTENTIAL PROJECT IMPACTS 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1.D.1) If"Yes", answer questions a-j. If"No", move on to Section 2. X No Yes 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2g) If"Yes", answer questions a-c. If"No", move on to Section 3. X No Yes 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If"Yes", answer questions a-l. If"No", move on to Section 4. X No Yes 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. X No Yes 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1.E.2) If"Yes", answer questions a-g. If"No", move on to Section 6. X No Yes 6. Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1.D.2.£, D,2,h, D.2.g) If"Yes", answer questions a-f. If"No", move on to Section 7. X No Yes 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2 m-q.) If"Yes", answer questions a-j. If"No", move on to Section 8. X No Yes 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) If"Yes", answer questions a-h. If"No", move on to Section 9. X No Yes 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.1.A, E.Lb, E.3.h). If"Yes", answer questions a-g. If"No", go to Section 10. X No Yes 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1.E.3.e, f. and g.) If"Yes", answer questions a-e. If"No", go to Section 11. X No Yes Regular Town Board Meeting, 06-13-2022, MTG 917 699 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c, E.l.c., E.2.q.) If"Yes", answer questions a-e. If"No", go to Section 12. X No Yes 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area(CEA). (See Part 1.E.3d) If"Yes", answer questions a-c. If"No", go to Section 13. X No Yes 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. (See Part 1.D.2.j) If"Yes", answer questions a-g. If"No", go to Section 14. X No Yes 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1.D.21) If"Yes", answer questions a-e. If"No", go to Section 15. X No Yes 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If"Yes", answer questions a-f. If"No", go to Section 16. X No Yes 16. Impact on Human Health The proposed action may have an impact on human health from exposure to new or existing sources of contaminant. (See Part 1.D.2.q., E.l.d.f.g. and h.) If"Yes", answer questions a-m. If"No", go to Section 17. X No Yes 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1.C.1, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. X No Yes 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1.C.2, C.3, D.2, E.3) If"Yes", answer questions a-g. If"No", proceed to Part 3. X No Yes TOWN COUNSEL SCHACHNER-So you have answered all of the questions in a negative which means it would be appropriate if you wish to continue for somebody to make a motion for the SEQRA Negative Declaration. SUPERVISOR STROUGH-After listening to SEQRA, is there any member of the public that would like to speak to the Town Board about this amendment to the Zoning Chapter? Seeing none, seeing none on Zoom, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 5 OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP FOR A PORTION OF TAX MAP PARCEL NO. 309.7-1-55 RESOLUTION NO.: 223,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION Regular Town Board Meeting, 06-13-2022, MTG 917 700 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Hudson Headwaters Health Network (HHHN) submitted a zoning change application to the Queensbury Town Clerk's Office on or about May 121h, 2022 to allow for a change of zoning district designation for a portion of Tax Map Parcel No.: 309.7- 1-55 from Office (0) to Neighborhood Residential (NR), and WHEREAS, the Queensbury Town Board wishes to change the zoning district designation for a portion of Tax Map Parcel No.: 309.7-1-55 from Office (0) to Neighborhood Residential (NR) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revisions"), and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed zoning revisions to the Warren County Planning Department to obtain a recommendation before enacting the legislation and on or about May 27, 2022, the Warren County Planning Department considered and approved the proposed zoning revisions, and WHEREAS, before the Town Board may amend the Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town's Zoning Code, and the Town Board duly conducted such Public Hearing on June 13'', 2022, heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has reviewed Part 1 and completed Part 2 of the Full Environmental Impact Assessment as required under the State Environmental Review Act (SEQRA), and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law and wishes to adopt Local Law No.: 5 of 2022 entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map For A Portion Of Tax Map Parcel No.; 309.7-1-55" in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed action will not adversely affect the environment, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the filing of the SEQRA Negative Regular Town Board Meeting, 06-13-2022, MTG 917 701 Declaration - Notice of Determination of Non-Significance for this action in substantially the form presented at this meeting and authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 5 of 2022 to amend Queensbury Town Code Chapter 179, "Zoning,"entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map For A Portion Of Tax Map Parcel No. 309.7-1-55," in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 5 of 2022 to the Town Planning Board,Town Zoning Board of Appeals,Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to submit approved Local Law No.: 5 of 2022 to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty LOCAL LAW NO.: 5 OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP Regular Town Board Meeting, 06-13-2022, MTG 917 702 FOR A PORTION OF TAX MAP PARCEL NO. 309.7-1-55 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation for a portion of tax map parcel No.: 309-7-1-55 located between Western Avenue, Holden Avenue,Nathan Street and Columbia Avenue from Office to Neighborhood Residential. SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. 2.3 Public Hearing—Proposed Local Law No.: of 2022 to Amend Chapter 179"Zoning" of Queensbury Town Code to Amend Zoning Map for Four Parcels Located On East Side of Route 9 Between Montray and Sweet Roads PUBLICATION DATE: June 2,2022 SUPERVISOR STROUGH-Alright so these are four parcels that abut Route 9 across from Walmart between Montray Road and Sweet Road. One may think that they never should have been zoned Commercial Moderate to begin with. There was a project that came,that's interested in Uno's Pizza. So this drew our attention to this and it seemed the right thing to do would be to rezone these four properties between Montray Road and Sweet Roads that abut Route 9 as Commercial Intensive. They are currently Commercial Moderate. The lots in back of them are Commercial Moderate because Commercial Moderate is meant to be more transitory in moving to a residential area. But Route 9 is not transitory, it's Commercial Intensive. It's exactly what it's supposed to be. So this is proposing to rezone those four lots from Commercial Moderate to Commercial Intensive. And again,these are only the four lots immediately abutting Route 9 and there is a public hearing on this and there is a SEQRA. So let's start with Town Board thoughts on this before I move to a public hearing? COUNCILMAN FREER-So John,just to be clear that the property abutting Route 9 north of these are, is also Commercial Moderate at this time but there is no buffer behind them to residential properties where these lots there is, Commercial Moderate buffer of lots before you get into housing east of Route 9. SUPERVISOR STROUGH-Good point. Thank you Harrison. Any other thoughts before we open it to the public? Alright, I will open the public hearing on this. Anybody here tonight wish to speak to the proposals I just described? JACK DEGREGORIO-My name is Jack DeGregorio. My wife and I own North Country Auto Radiator on Route 9 for the last forty-six years and also we own other property on Route 9, Lawton Regular Town Board Meeting, 06-13-2022, MTG 917 703 and Kendrick and live in the neighborhood. I would very much like for our business properties to be included in this zoning change from Commercial Moderate to Commercial Intensive. It would really help us for future rental or a possible sale. SUPERVISOR STROUGH-Yea but that's not before us tonight Jack. If that's something that you would like the Town Board to consider,that would be a separate thing. This has been publicly noticed and everything else. It's these four parcels only tonight. Now you may or may not have an argument for your case but that's not before the Board tonight. MR. DEGREGORIO-Okay,well then maybe I misunderstood. SUPERVISOR STROUGH-We can't expand this. This has been publicly noticed.The public hearing is just on these four parcels tonight. MR. DEGREGORIO-Okay, is there any consideration for going north to Sweet Road? SUPERVISOR STROUGH-Only if someone requested it. Nobody has requested that but the concern though, going forward, is what Harrison just said. With these parcels you have a Commercial Moderate as a buffer before you hit residential. I'd have to take a second look at your property but I think residential is right next to you. MR. DEGREGORIO-I live there right on Kendrick Road. SUPERVISOR STROUGH-So it's not the same kind of a situation here and at top of that, it's not before us tonight. MR. DEGREGORIO-Okay. So is it something I have to arrange? SUPERVISOR STROUGH-Yea, you're welcome to bring us a consideration to have your parcel zoned from Commercial Moderate to Commercial Intensive and we would consider that. MR. DEGREGORIO-I mean, even the auto mall... SUPERVISOR STROUGH-Yea but we can't tie it in tonight. It's not that easy because we set a public hearing. We gave public notice. It's just on these four parcels. MR. DEGREGORIO-Okay, sorry, I hope I didn't .. SUPERVISOR STROUGH-Okay, no that's fine. Identify yourself for the record please. STEVE BORGOS-Steve Borgos, Licensed Associate Real Estate Broker, had a commercial real estate. I'm here really for the same reason that Jack and his wife are here. I've been involved in a lot of real estate transactions between Quaker Road and Route 149 on both sides of Route 9. Every place except this little piece from Montray Road to Round Pond Road is Commercial Intensive except for the Municipal Center and so forth, everything else is Commercial Intensive. Lots of people have looked at the other side of the road, and we're talking about now, and they're not interested because they don't want to be held to something less than the best zoning we have in Town,the most flexible zoning. The reason we're here tonight,the reason I have encouraged people to come tonight is to say, `really, we hate to see you stop with these four,please continue to look at the others'. Now, I know you are concerned about the residential use behind these but as I've looked at all of them, I believe all of them, they're either the residential use is either much higher and certainly not where it could see what's going on down below, or it hasn't been harmed that I am aware for all the many years that the uses that are there now which also fit in Commercial Intensive. So, I'd like to think that you would simply extend your thinking and fill in the gap. SUPERVISOR STROUGH-We can Mr. Borgos. This public hearing is on these four parcels. Do you favor zoning them from Commercial Moderate? MR. BORGOS-Yes, I think that's right. SUPERVISOR STROUGH-Alright,that's why we're here this evening for. Regular Town Board Meeting, 06-13-2022, MTG 917 704 MR. BORGOS-But I would hate to see you foreclose ... SUPERVISOR STROUGH-Only that.Let's not confuse the issue. We're only speaking to these four parcels tonight. You're welcome to come in and talk to the Town Board about any of the others. So you, basically you favor rezoning these from Commercial Moderate to Commercial Intensive? MR. BORGOS-Yes but not foreclose the thought of the other ones. SUPERVISOR STROUGH-Alright,thank you. MR. BORGOS-Thank you. MR. DEGREGORIO-Thank you. SUPERVISOR STROUGH-Anybody else like to speak to the application for the zoning change that is before us tonight and those are for those four parcels between Montray Road and Sweet Road, changing from Commercial Moderate to Commercial Intensive? Seeing no one present, seeing no indication of any interest of those on Zoom, let's go to the SEQRA. TOWN COUNSEL SCHACHNER led the Town Board through the following Part 2 of the Short Environmental Assessment Form: Short Environmental Assessment Form Part 2 —Impact Assessment 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No 2. Will the proposed action result in a change in the use or intensity of use of land? No 3. Will the proposed action impair the character or quality of the existing community? No 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No 7. Will the proposed action impact existing: a. public/private water supplies? No b. public/private wastewater treatment utilities? No 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No 11. Will the proposed action create a hazard to environmental resources or human health? No TOWN COUNSEL SCHACHNER-Okay so you have answered all of Environmental Assessment Form questions in Part 11 in the negative. Regular Town Board Meeting, 06-13-2022, MTG 917 705 SUPERVISOR STROUGH-Okay, the other thing that I would like to say is that the Town and we have a Resolution approving the Steering Committee and it doesn't prohibit adding to the Steering Committee but it creates the foundation of a Steering Committee that will go forward with the Comprehensive Land Use Plan Update. So a lot of these zoning requests can be tied into the Comprehensive Land Use Plan that's forthcoming and there will be public input and all the stakeholders will have an opportunity to share their thoughts as this new Comprehensive Land Use Plan is developed. So there's another round. Okay, any other public thoughts after doing SEQRA? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 6 OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP FOR FOUR PARCELS LOCATED ON EAST SIDE OF ROUTE 9 BETWEEN MONTRAY AND SWEET ROADS RESOLUTION NO.: 224,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to change the zoning district designation of four (4) parcels located on the east side of Route 9 between Montray Road and Sweet Road from Commercial Moderate(CM)to Commercial Intensive(CI) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revisions"), and WHEREAS, the Town Board wishes to adopt Local Law No.: 6 of 2022 entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map," and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed zoning revisions to the Warren County Planning Department to obtain a recommendation before enacting the legislation and on or about May 27, 2022, the Warren County Planning Department considered and approved the proposed zoning revisions, and WHEREAS, before the Town Board may amend the Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Code, and the Town Board duly conducted such Public Hearing on June 13'', 2022, heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has reviewed Part 1 and completed Part 2 of the Short Environmental Assessment Form as required under the State Environmental Review Act(SEQRA), and Regular Town Board Meeting, 06-13-2022, MTG 917 706 WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law and wishes to adopt Local Law No.: 6 of 2022 entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map," in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board has determined that the proposed action will not adversely affect the environment, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the filing of the SEQRA Negative Declaration - Notice of Determination of Non-Significance for this action in substantially the form presented at this meeting and authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 6 of 2022 to amend Queensbury Town Code Chapter 179, "Zoning,"entitled, "A Local Law To Amend Chapter 179 `Zoning' Of Queensbury Town Code To Amend Zoning Map," in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 6 of 2022 to the Town Planning Board,Town Zoning Board of Appeals,Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to submit approved Local Law No.: 6 of 2022 to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, Regular Town Board Meeting, 06-13-2022, MTG 917 707 RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mr. McNulty LOCAL LAW NO.: 6 OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation for four(4) parcels located on the east side of Route 9 between Montray Road and Sweet Road from Commercial Moderate to Commercial Intensive, such properties bearing the following tax tap parcel numbers: • 296.17-1-45 • 296.17-1-46.2 • 296.17-1-47 • 296.17-1-49 SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. SECTION 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York State Municipal Home Rule Law §27. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT—3 MINUTES) PATRICK MURRAY, 23 Indiana Avenue presented the following statement and petition: Regular Town Board Meeting, 06-13-2022, MTG 917 708 We the residents of Indiana Ave Queensbury, NY and vicinity of Indiana Ave Queensbury, NY are tired and at our wits end with the constant noise and drug traffic in our neighborhood. We have had to call the police on several occasions for the noise and harassment from the residents of 27 Indiana Avenue (AKA The Crack house) otherwise known as the Allen boys (Wayne, Alfred and Bobby). Our friends and family that comes to visit do not feel safe when they pull up to our homes. Wayne starts harassing them. We have called the police many times yet this still goes on. We would just like to be able to live in peace in our homes and on our property without the constant noise and harassment. The Allen's are not living on their property legally and we would like the town to do the right thing and remove them from the property as the house burnt out on December 3, 2021 and made the home uninhabitable. They have a camper on the property that the 3 of them live in without electricity, running water or septic the property is a dumping area and a health hazard and we are requesting that the town remove them and tear down the house and clean the lot up. We the people of and near Indiana Avenue Queensbury are signing this petition in hopes we can get this issue resolved and get to enjoy our homes and properties again. (Petition with 20 signatures is on file in the Town Clerk's Office) SUPERVISOR STROUGH-Thank you for sharing that with me. The next step is the State Supreme Court and this Resolution allows for it to go to Supreme Court. TOWN COUNSEL SCHACHNER-We don't get to pick which Supreme Court Justice. Basically what's authorized is the Town is now authorizing to commence a legal action against your neighbor. I am one of the Principal Town Legal Counsel people, I don't want to tell you that the wheels of justice spin rapidly for things like this because they don't but I will say that we will exercise our best efforts on behalf of the Town as directed. MR. MURRAY-We shouldn't have to live like this. I appreciate this and what John O'Brien has done, I really do but I live right next door to this and this is getting ridiculous. SUPERVISOR STROUGH-We appreciate you coming here and sharing this with us. MR. MURRAY-I hope you can expedite this for us. Thank you. TOWN COUNSEL SCHACHNER noted typo in Resolution 4.12 in the second Whereas, the reference is supposed to be section 280-a(4), not 290-a(4). Board agreed to amend. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF SLUDGE PUMP FOR TOWN WATER TREATMENT PLANT RESOLUTION NO.: 225,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Town of Queensbury's Water Superintendent has advised that it is necessary to purchase a sludge pump for the Town's Water Treatment Plant, and WHEREAS,the Water Superintendent requested and received quotes for a sludge pump and the lowest quote is from Siewert Equipment dated May 18, 2022 in the amount of$15,578, NOW, THEREFORE, BE IT Regular Town Board Meeting, 06-13-2022, MTG 917 709 RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent's purchase of a sludge pump for the Town's Water Treatment Plant from Siewert Equipment in accordance with its quote dated May 18, 2022 presented at this meeting in the amount of$15,578 to be paid from Account No.: 040-8320-4350, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of$15,578 from the Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 to Account No.: 040-8320-4350 to fund such purchase, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation, and the Town Supervisor, Town Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING RETURN OF GRANT FUNDS TO NEW YORK STATE OFFICE OF COURT ADMINISTRATION RESOLUTION NO.: 226,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No: 293, 2019, the Queensbury Town Board authorized submission of an application for a Justice Court Assistance Program (JCAP) Grant from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements, and WHEREAS, the grant application was submitted and the Town was awarded a grant in the amount of$12,258 and by Resolution No: 79, 2020, the Town Board authorized acceptance of the Regular Town Board Meeting, 06-13-2022, MTG 917 710 grant funds, and WHEREAS, the Town Court was only able to spend $2,263.57 of the awarded grant funds and therefore the Town Board wishes to authorize the return of the remaining grant funds in the amount of$9,994.43 to OCA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of$9,994.43 in unused grant funds from Misc. Contractual Account No.: 001-1110-4400 to the New York State Office of Court Administration(OCA), and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $9,994.43 from the General Fund Undesignated, Unassigned Fund Balance Account No.: 001-0000-0909 to Misc. Contractual Account No.: 001-1110-4400 and the Town Supervisor, Town Justices and/or Town Budget Officer to take all actions necessary to effectuate the return of the grant funds and all terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING MARSHALL & STERLING UPSTATE, INC., TO INSURE THE TOWN OF QUEENSBURYis NEW YORK STATE DISABILITY INCOME REPLACEMENT INSURANCE WITH LINCOLN FINANCIAL GROUP RESOLUTION NO.: 227, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Marshall & Sterling Upstate, Inc., (Marshall & Sterling) is the Town of Queensbury's general insurance agent and as such solicited for quotations from insurers for the Town's New York State Disability Coverage, and WHEREAS, Marshall & Sterling has advised that Lincoln Financial Group submitted the lowest responsible proposal, and Regular Town Board Meeting, 06-13-2022, MTG 917 711 WHEREAS, the Town Board wishes to therefore authorize the insuring of the Town's New York State disability income replacement insurance with Lincoln Financial Group effective July 1, 2022 as set forth in Lincoln Financial Group's Proposal substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Marshall & Sterling Upstate, Inc., to insure the Town of Queensbury's New York State disability income replacement insurance with Lincoln Financial Group effective July 1, 2022 in accordance with Lincoln Financial Group's Proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to execute any documentation and take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO ENFORCE CODE AGAINST NON-COMPLIANT PROPERTY LOCATED AT 27 INDIANA AVENUE RESOLUTION NO.: 228,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury Director of Building and Codes Enforcement (Director) inspected a single family dwelling("Structure") located at 27 Indiana Avenue in the Town of Queensbury bearing Tax Map No.: 309.13-1-7("Property")and owned by Wayne Allen and found that it was uninhabitable and condemned due to the severity of a fire that occurred on December 3, 2021 and the Director advised Mr. Allen that he must take appropriate measures to either board up and secure or demolish the Structure but no action was taken, and Regular Town Board Meeting, 06-13-2022, MTG 917 712 WHEREAS, the Director advised the Town Board that the Structure was dangerous and unsafe to the general public and therefore requested that the Town Board authorize certain actions if Mr.Allen did 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, and WHEREAS, by Resolution No.: 81, 2022, the Town Board declared the Structure on the Property to be in disrepair, dangerous and unsafe to the public and the Town Board held a hearing concerning the Property on March 7, 2022 with Notice of this Hearing served in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, and WHEREAS, by Resolution No.: 108, 2022, the Town Board ordered Wayne Allen to immediately board up/secure or demolish and remove the Structure and all demolition debris, and WHEREAS, the Town's Acting Director of Building and Code Enforcement (Acting Director) since has advised the Town Board the owner has failed to remediate the conditions at the property and, in addition,that Mr. Allen is allowing the Property to be used as an unlawful junkyard in violation of Queensbury Town Code §102-3 due to the presence of junk, garbage, discarded furniture, carpeting and other debris on the Property, and WHEREAS,the Acting Director has advised they he has met with and communicated several times with Mr. Allen, but despite the Acting Director's reasonable efforts to bring about voluntary compliance, Mr. Allen has not adequately boarded-up/secured or demolished and removed the Structure and/or cleaned up the Property and the Property continues to constitute an unlawful junkyard, and WHEREAS, Mr. Allen has not brought the Property into compliance with Town and State Code provisions and/or taken any measures to bring about compliance, the Property remains in an unsafe and unsecured condition and therefore poses an imminent danger to the health and safety of the public, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a Supreme Court Action to temporarily and permanently compel Wayne Allen's compliance with any and all applicable Town Code and State Code provisions pertaining to the Structure and Property located at 27 Indiana Avenue, Queensbury together with a request for costs and expenses associated with litigation, and Regular Town Board Meeting, 06-13-2022, MTG 917 713 BE IT FURTHER, RESOLVED,that the Supreme Court Action may be commenced against any and all persons having any legal interest in the Structure and Property and having any legal obligation to keep the Structure and Property in a safe and lawful condition including,but not necessarily limited to Wayne Allen as well as any party believed by Town Counsel to be necessary for full resolution of this matter, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town's Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such Court action and the Town Supervisor, Town Counsel, Acting Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ESTABLISHMENT OF 250TH AMERICAN REVOLUTION COMMITTEE RESOLUTION NO.: 229, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, milestone anniversaries of significant national and world events can provide citizens with opportunities to reflect on our heritage and the people and events that have influenced the shaping of our nation, and WHEREAS, the American Revolution played a significant role in events, battles, raids, and supply and transportation routes throughout the Upstate Area from Fort Ticonderoga to Saratoga, and Regular Town Board Meeting, 06-13-2022, MTG 917 714 WHEREAS, the 250'h Anniversary of the American Revolution will be observed from 2025 to 2033 and in recognition of the role the Town of Queensbury played prior to the creation of Warren County, it is appropriate that the Town coordinate with its sister Towns in planning events and activities that will engage its citizens and provide opportunities to learn more about our common heritage, pride of place and shared history, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby endorses the establishment of a 250'h American Revolution Committee (Committee) to be a collaboration of members from Warren and Washington Counties to plan area events, ceremonies, activities and celebrations, and appoints the Town Historian as the Town's liaison with the Committee and Town, County and State Historians, and BE IT FURTHER, RESOLVED, that the functions, scope, and activity of the Committee shall be advisory only in nature and any acts or statements made by the Commission or its members shall not bind participating municipalities or their elected officials, and Committee members shall receive neither pay nor compensation for their services, and BE IT FURTHER, RESOLVED, that the Committee will be active as of the date of this Resolution until December 31, 2033 and will submit periodic reports regarding its plans, activities and events to the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to the Town Historian and the Town Supervisor, Town Historian and/or Town Clerk shall take all other actions necessary to effectuate this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION #2 TO SERVE TIDAL WAVE AUTO SPA LOCATED AT 708 QUAKER ROAD Regular Town Board Meeting, 06-13-2022, MTG 917 715 RESOLUTION NO.: 230, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708 Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map,Plan and Report(Map,Plan and Report)has been prepared by Pennoni Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer District Extension 42 (Extension 42)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 accepted by the Town and has been filed in the Town Clerk's Office and is available for public inspection, and WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension 42, 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 in accordance with New York State General Municipal Law §99-f, and WHEREAS, on April 18'', 2022 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 proposed Extension 42; (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 Property owner and not the Town of Queensbury; (e)the estimated cost of hook-up fees (if any) and the estimated annual cost of Extension 42 to the Property in Extension 42; (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 proposed Extension 42; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also posted on the Town's website, and Regular Town Board Meeting, 06-13-2022, MTG 917 716 WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees(if any)and the cost of Extension 42 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 42 to the parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, on Monday, May 2nd, 2022, the Town Board duly held a public hearing concerning Extension 42, duly heard all interested persons, considered the evidence and information, and in accordance with provisions of the State Environmental Quality Review Act, by Resolution No.: 168(A),2022 determined that Extension 42 would not have a significant effect on the environment and approved a Negative Declaration concerning environmental impacts, and WHEREAS, on May 2nd, 2022 the Town Board adopted Resolution No.: 168(B),2022 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within proposed Extension 42 would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of proposed Extension 42, and (d) it is in the public interest to establish, authorize, and approve Extension 42 as described in the Map,Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of Extension 42 to be as described in the Map, Plan and Report and Public Hearing Order, subject to Permissive Referendum in the manner provided in New York State Town Law Articles 7 and 12-A and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to Permissive Referendum and no Petition for Referendum was bled within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS,the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish proposed Extension 42 as detailed in the Map,Plan and Report in accordance with New York State Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Greater Queensbury Consolidated Sanitary Sewer District Extension 42 be established as described in this Order and in the Map, Plan and Report prepared by Pennoni Engineering & Surveying of New York, P.C. having extension boundaries as detailed in the metes and bounds description from the Town's Public Hearing Order Resolution No.: 147,2022 dated April 18d', 2022 and attached hereto as Schedule A and the improvements described in the Map, Plan and Regular Town Board Meeting, 06-13-2022, MTG 917 717 Report be constructed and the service within the District be provided upon the required funds being made available or provided for, and BE IT FURTHER, ORDERED,that the Queensbury Town Board hereby authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Warren County Clerk's Office and filed in the Office of the New York State Department of Audit and Control in the time and manner required by law, and BE IT FURTHER, ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 13Ih day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty SCHEDULE A — Metes and Bounds Description All that tract or parcel of land, situate in the Town of Queensbury, County of Warren and State of New York, bounded and described as follows: Beginning at a point in the southerly highway boundary of Quaker Road(County Route 70) at its intersection with the property division line between lands n/f Garvey Partnership, as described in Book 5351 of Deeds at Page 45, on the east, and lands n/f of Smart Wash of S.G.F., LLC as described in Book 5946 of Deeds at Page 272, on the west, thence south 31002'07" west, a distance of 300.00 feet to a point at its intersection with the property division line between lands n/f of Switchco LLC, as described in Book 4542 of Deeds at Page 217, on the east, and said lands of Smart Wash of S.G.F., LLC, on the west, thence south 09057'38" west, a distance of 440.97 feet to a point on the northerly highway boundary of Dix Avenue(County Route 42),thence north 80 002'23" west, along said highway boundary a distance of 158.66 feet to a point at its intersection with the property division line between lands n/f of E. James Barrett & William M. Barrett, as described in Book 1209 of Deeds at Page 320, on the west, and said lands of Smart Wash of S.G.F., LLC, on the east,thence along said property division line the following three (3) courses and distances: (1) Along a curve to the right having a radius of 50.00 feet, an arc length of 78.54 feet, a chord bearing of north 35002'22"west, a chord distance of 70.71 feet to a point, (2) North 09057'37" east, a distance of 471.38 feet to a point, (3) North 31002'07" east, a distance of 300.00 feet to a point on the first mentioned southerly highway boundary of Quaker Road,thence south 58057'53" east, along said highway boundary a distance of 223.62 feet to the point or place of beginning. Regular Town Board Meeting, 06-13-2022, MTG 917 718 CONTAINING 166,952 SQUARE FEET OR 3.833 ACRES, MORE OR LESS This description is based upon a survey entitled"Alta/NSPS Land Title Survey 708 Quaker Road TM4303.15-1-12 Town of Queensbury, Warren County, State of New York," prepared by Control Point Associates, Inc., PC, dated January 21, 2021. This property may be subject to the restrictions, covenants and/or easements either written or implied. RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR GURNEY LANE RECREATION AREA IMPROVEMENT PROJECT RESOLUTION NO.: 231, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 124, 2006 the Queensbury Town Board authorized establishment of Capital Project Fund 4157 to fund expenses associated with improvements at the Gurney Lane Recreation Area, and WHEREAS, by Resolution No.: 124, 2022, the Town Board authorized expenditures for specific Town Parks and Recreation Department capital improvements and certain maintenance projects including $355,000 toward specific capital improvements and certain items of equipment at the Gurney Lane Recreation Area(Project)and authorized and directed the Town's Purchasing Agent to publish any needed advertisement(s) for bids deemed applicable or required, 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's Purchasing Agent published an advertisement for bids for the Project and on May 261h, 2022 duly opened all received bids, and WHEREAS, the Purchasing Agent and Parks and Recreation Director have recommended that the Town Board authorize the bid award to the lowest responsible bidder, Grasshopper Gardens, Inc., for a bid amount not to exceed $32,485, and WHEREAS, the Parks and Recreation Director has advised the Town Board that there are times when Change Orders may become necessary for the Project and therefore has requested that the Town Board authorize him to approve certain Change Orders up to a ten-percent (10%) contingency or total amount not exceeding $3,249, for Change Orders that he deems necessary or appropriate, and Regular Town Board Meeting, 06-13-2022, MTG 917 719 WHEREAS,the Town Board wishes to authorize the bid award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the Gurney Lane Recreation Area Improvement Project (Project) from the lowest responsible bidder, Grasshopper Gardens, Inc., for an amount not to exceed $32,485, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and Grasshopper Gardens, Inc., and/or any other documents related to the bid award in form acceptable to the Town Supervisor, Parks and Recreation Director, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes the Parks and Recreation Director to approve and execute Change Orders pertaining to the Project up to a ten-percent (10%) contingency or total amount not exceeding $3,249 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payments for this Project up to$35,734 shall be paid from Gurney Lane Capital Construction Account No.: : 157-7110- 2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Parks and Recreation Director and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT Regular Town Board Meeting, 06-13-2022, MTG 917 720 RESOLUTION NO.: 232,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: large format printer/scanner Building & Codes 9385 2008 Chevy Equinox Wastewater 7504 HP laserjet 400 Accounting 9365 assorted memory opened/unopened IT n/a HP scanjet C4010 IT n/a HP laserjet P1505N IT n/a HP laserjet 1022 IT n/a Brother Intellifax 1270 IT n/a Lot of office supplies Accounting n/a Lot of keyboards IT n/a 1992 Mack truck/garbage compactor Highway 4227 1996 Ford box truck Highway 3483 1988 Coastal Trailer model RL-36 Highway 3244 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, as follows: large format printer/scanner Building & Codes 9385 2008 Chevy Equinox Wastewater 7504 HP laserjet 400 Accounting 9365 assorted memory opened/unopened IT n/a Regular Town Board Meeting, 06-13-2022, MTG 917 721 HP scanjet C4010 IT n/a HP laserjet P1505N IT n/a HP laserjet 1022 IT n/a Brother Intellifax 1270 IT n/a Lot of office supplies Accounting n/a Lot of keyboards IT n/a 1992 Mack truck/garbage compactor Highway 4227 1996 Ford box truck Highway 3483 1988 Coastal Trailer model RL-36 Highway 3244 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES RESOLUTION NO.: 233, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 06-13-2022, MTG 917 722 WHEREAS,the Town of Queensbury's Acting Director of Building and Codes Enforcement (Acting Director) has reported to the Town Board that the following properties in the Town of Queensbury are in a state of serious neglect: 1. 35 Fox Hollow Lane; 2. 72 Lyndon Road; and 3. 44 Sunnyside East; and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Acting Director reports that he has previously attempted to contact each of the owners of record by certified letter and/or posting of the properties but his efforts have been to no avail as he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut,trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Acting Director obtained quotes for the monthly mowing of these properties and Cheap Pete's Lawn Care submitted a quote dated 5/24/2022 in the amount of$240 per month with such work to commence on or about June 14'', 2022 for a period of five (5) months for a total amount not to exceed $1,200 and therefore the Acting Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, RESOLVED,that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owners of Record as set forth above requiring that they mow the lawn(s)on their land(s) within 10 days and failing to do so,the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real properties until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and Regular Town Board Meeting, 06-13-2022, MTG 917 723 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Acting Director of Building and Codes Enforcement's engagement of the monthly lawn mowing services of Cheap Pete's Lawn Care in the amount of$240 per month for the properties described in the preambles of this Resolution commencing on or about June 14'h for a period of five (5) months for a total amount not to exceed $1,200, to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting a proper invoice to the Town outlining the dates on which the properties were mowed, to be paid for from Account No.: 00 1-3 620-4400, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $1,200 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Acting Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting,trimming,removal or spraying of each property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Acting Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING QUIT CLAIM DEEDS TO AND ACCEPTANCE OF EASEMENTS FROM BRIAN HOGAN RELATING TO HOLLY LANE RESOLUTION NO.: 234, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting, 06-13-2022, MTG 917 724 SECONDED BY: Mr. Harrison Freer WHEREAS, Holly Lane is a Town Road by Use located in the Town of Queensbury extending north from Brayton Lane, and WHEREAS, despite the lack of any known deed conveying Holly Lane to the Town, the Warren County Real Property Office has ascribed to the Town ownership over lands appearing on the tax map as Holly Lane, which lands exceed the area of pavement identified as Holly Lane on the Town's inventory of highways, and WHEREAS, a landowner adjacent to Holly Lane, Brian Hogan, approached the Town in an effort to clarify the records of the Warren County Real Property Office, and WHEREAS, Mr. Hogan has requested that the Town convey certain lands under and around Holly Lane to him by Quit Claim Deed, and WHEREAS, during discussions with Mr. Hogan, it was identified that the Town Highway Department has experienced less than ideal conditions when plowing Holly Lane due in part to how narrow the roadway is and the inability to easily turn a Town plow truck around, and WHEREAS, the lack of any clear snow storage area was also identified as a condition which is less than ideal, and WHEREAS, in return for quitclaiming such lands to Mr. Hogan, Mr. Hogan has agreed to Quitclaim Easements to the Town over his Holly Lane property for snow storage and for use of a turn-around area, and WHEREAS, such Easements are to the Town's benefit and will assist in ongoing efforts to maintain Holly Lane, NOW, THEREFORE, BE IT RESOLVED,that the conveyance of the proposed Deeds from the Town of Queensbury to Brian Hogan referred to in the preambles of this Resolution does not constitute a SEQRA Action or is a SEQRA Type II Action and, in any event, no SEQRA review is required prior to adoption of this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby declares its intention to issue the Quit Claim Deeds in the form submitted to and reviewed by Town Legal Counsel or in a form Regular Town Board Meeting, 06-13-2022, MTG 917 725 substantially similar thereto conveying any real property ownership rights that the Town may own in lands under and adjacent to Holly Lane as that road is described on the Town Inventory of Highways and in so declaring, the Town makes no statement whatsoever that it owns or ever has owned such lands, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes conveyance of the Quit Claim Deeds at issue, and BE IT FURTHER, RESOLVED,that the Town Board hereby expressly accepts the conveyance of Easements from Brian Hogan in perpetuity to the Town as set forth in the Quit Claim Deeds, and BE IT FURTHER, RESOLVED, that this conveyance is expressly made subject to permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law, and BE IT FURTHER, RESOLVED,that following expiration of the permissive referendum period or, if a petition is filed mandating referendum, after a referendum in which this conveyance is authorized by the voters, the Supervisor is authorized to sign and deliver the Quit Claim Deeds to Mr. Hogan and any other needed documentation for recording with all recording costs to be a cost to Mr. Hogan. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING FIRST AMENDMENT TO MASTER HUMAN RESOURCE SERVICES AGREEMENTS WITH GTM PAYROLL SERVICES, INC. RESOLUTION NO.: 235,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 06-13-2022, MTG 917 726 WHEREAS, by Resolution No.: 34, 2022, the Queensbury Town Board authorized engagement of GTM Payroll Services, Inc., (GTM) for the provision of professional payroll and human resources services, and WHEREAS, the Town Board and GTM wish to amend its Human Resource Services Agreement as set forth in the First Amendment to Master Human Resource Services Agreement in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the First Amendment to Master Human Resource Services Agreement with GTM Payroll Services, Inc. and authorizes and directs the Town Supervisor to sign such Amendment Agreement in substantially the form presented at this meeting as well as any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO. OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.: 303.15-1-25.2 AND DESIGNATE TAX MAP PARCEL NO.: 303.11-1-4.1 AS AN OPEN DEVELOPMENT AREA RESOLUTION NO.: 236,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 aparcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive (CI)to Commercial Light Industrial(CLI), and WHEREAS, by the same application, CVE also requested Queensbury Town Board approval of an open development area for a parcel identified as Tax Map No.: 303.11-1-4.1 as contemplated under New York State Town Law §280-a(4), and Regular Town Board Meeting, 06-13-2022, MTG 917 727 WHEREAS, the Town Board wishes adopt Local Law No.: of 2022 to change the zoning district designation for a parcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive (CI) to Commercial Light Industrial (CLI) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revisions"), and WHEREAS,the Town Board,by Resolution No.: 389, 2021,referred the application to the Queensbury Planning Board for review of the proposed zoning change in accordance with §179- 15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of May 17'', 2022, the Planning Board issued a favorable recommendation on the proposed zoning change, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED,that the Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, June 27t' 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of"Local Law No.: of 2022 A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map For Tax Map Parcel No.: 303.15-1-25.2 and Designate Tax Map Parcel No.: 303.11-1-4.1 as an Open Development Area," and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, Regular Town Board Meeting, 06-13-2022, MTG 917 728 RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2022. Duly adopted this 131h day of June, 2022, by the following vote: AYES Mr.Freer,Mr. Ferone,Mr. Strough,Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 237,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-7550-4533 Celebrations 3,000 040-0000-0909 Fund Balance 040-8340-4400 Misc. Contractual 8,000 Duly adopted this 13t'day of June, 2022 by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None Regular Town Board Meeting, 06-13-2022, MTG 917 729 ABSENT: Mr. McNulty RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS: 06022022 AND 06142022 RESOLUTION NO.: 238, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented as Warrants: 06022022 and 06142022 with run dates of 06/02/2022 and 06/09/2022 and payment dates of 06/02/2022 and 06/14/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves two (2) audits of bills presented as Warrants: 06022022 and 06142022 with run dates of 06/02/2022 and 06/09/2022 and payment dates of 06/02/2022 and 06/14/2022 totaling $364,904.77 and $577,226.64, respectively, 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. Duly adopted this 13'h day of June, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty RESOLUTION ESTABLISHING COMPREHENSIVE PLAN AND CODES STEERING COMMITTEE AND APPOINTING ITS MEMBERS RESOLUTION NO.: 239,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 06-13-2022, MTG 917 730 WHEREAS, by Resolution 163, 2022, the Queensbury Town Board engaged the professional services of Barton & Loguidice, P.C. to update the Town's Comprehensive Plan and Land Use Codes and established Capital Project Fund No.: 244 for said project, and WHEREAS, the Town Board wishes to establish a Comprehensive Plan & Codes Steering Committee (CPCSC), which Committee's scope will be to work with Barton & Loguidice, P.C. and the Town's Senior Planner in the review and update of the Town's Comprehensive Plan and Land Use Codes, and WHEREAS,the Town Board also wishes to appoint members to such Committee, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby establishes the Town's Comprehensive Plan & Codes Steering Committee (CPCSC) and appoints the following residents to such Committee: 1. Tim McNulty; 2. Harrison Freer; 3. Brent McDevitt; 4. Stephen Traver; 5. Bob Sears; 6. Pamela Lester Goldie; 7. Heidi Robak; and BE IT FURTHER, RESOLVED, that such members shall serve on the Committee until such time as may be set forth by the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Comprehensive Plan & Codes Steering Committee (CPCSC) to meet as necessary and regularly report its discussions and recommendations to the Town Board, and BE IT FURTHER, Regular Town Board Meeting, 06-13-2022, MTG 917 731 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Community Development Department to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of June, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. McNulty 5.0 CORRESPONDENCE TOWN CLERK BARBER-Building&Codes Monthly Report for April,2022 has been received and on bled in the Town Clerk's Office. 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE(WARD III) • Congratulated Supervisor Strough on another successful Memorial Parade. COUNCILMAN FREER(WARD II) • Referred to Post Star's article today and noted what was left out was about the limitations for the five day minimum rental and 120 day of calendar year rental, they do not apply when Short Term Rental property or the immediate adjacent property is the principal residence of the Short Term Rental owner. I did want to go on the record about making that article more precise. • Attended a meeting today about New York Stretch Energy Goals. • Referred to the recent house fire at 11 Pershing Road and it was nice to see neighbors cooperating and would like to thank them and the fire company for all they were doing. • Referred to recent tragic motorcycle accident where the pedestrians lost their lives, my sympathies go out to them. COUNCILMAN METIVIER(WARD I)—NOTHING TO REPORT SUPERVISOR STROUGH • Thanked the public for attending,thanked the Town Board,Look TV,Town Counsel Mark Schachner and Town Clerk Caroline Barber. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 240,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 13th day of June,2022,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone Regular Town Board Meeting, 06-13-2022, MTG 917 732 NOES: None ABSENT: Mr.McNulty RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY