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06-27-2022 MTG#18 REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 733 REGULAR TOWN BOARD MEETING MTG#18 June 27, 2022 RES. #241-266 7:00 P.M. BOH #59-60 LL. #7-8 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 241, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Regular Session and enters into the Queensbury Board of Health. Duly adopted this 271h day of June, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND LOUISE GILCHRIST RESOLUTION NO.: BOH 59,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 734 Ordinance, and WHEREAS,Robert and Louise Gilchrist have applied to the Local Board of Health for variances from Chapter 136 to install a wastewater replacement system with its absorption field to be located: 1. 74' from the well in lieu of the required 100' setback; 2. 10' from the foundation in lieu of the required 20' setback; 3. 8±' from the property line in lieu of the required 10' setback; 4. 37' from the intermittent stream in lieu of the required 100' setback; and 5. 90' from the wetland/MHWL in lieu of the required 100' setback; on property located at 2483 Ridge Road(State Route 9L)in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, July I Ph, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert and Louise Gilchrist's sewage disposal variance application concerning property located at 2483 Ridge Road in the Town of Queensbury(Tax Map No.: 240.6-1-10)and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 27th day of June,2022,by the following vote: AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 60, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 271h day of June, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 735 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING PROPOSED LOCAL LAW NO.: OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING TAX MAP NO.: 303.15-1-25.2 AND DESIGNATE TAX MAP NO.: 303.11-1-4.1 AS AN OPEN DEVELOPMENT AREA PUBLICATION DATE: JUNE 17, 2022 SUPERVISOR STROUGH-Reviewed proposed local law and zone change. This has gone through Warren County Planning Department and they approved. This also went to the Planning Board and they issued a favorable recommendation and they did a SEQRA review with a Negative Declaration. Before I open up the public hearing are there any Town Board Members who have comments or thoughts? Seeing none, I will open the public hearing. Anybody present wish to speak to this proposal? Yes sir, please come forward, sit at the table and identify yourself. JARED LUSK-Members of the Board, I just wanted to identify myself. I am Jared Lusk with the Law Firm Nixon Peabody. I did submit the application on behalf of CVE for the project. So we are here, I just wanted to let you know. SUPERVISOR STROUGH-Ok, thank you. Is there anything that you would like to add to what I said? ATTORNEY LUSK-I thought you did a fine job explaining the request. SUPERVISOR STROUGH-Alright, thank you. COUNCILMAN FREER-You must not be a lawyer. SUPERVISOR STROUGH-I'm looking online. Tim do you see anybody online that is interested? COUNCILMAN MCNULTY-We are good. I've asked the audios to also tonight. SUPERVISOR STROUGH-Second chance anybody present? On one on Zoom? Okay, I will close the public hearing. CLOSED PUBLIC HEARING RESOLUTION ENACTING LOCAL LAW NO.: 7 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.: 242, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 736 WHEREAS, CVE North America, Inc. (CVE) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 30, 2021 to allow for a change of zoning district designation for a parcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive (CI) to Commercial Light Industrial(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 WHEREAS, the Town Board wishes to adopt Local Law No.: 7 of 2022 entitled, "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 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 WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed Zoning Law amendments to the Warren County Planning Department on June 9, 2022 to obtain a recommendation before enacting the legislation, and WHEREAS, on or about June 15, 2022 the Warren County Planning Department considered the proposed Local Law and made a recommendation to approve, and WHEREAS, the Town Board, by Resolution No.: 389, 2021, referred the application to the Queensbury Planning Board for SEQRA review and recommendation on the proposed zoning change in accordance with§179-15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of May 17th, 2022, the Planning Board issued a favorable recommendation on the proposed zoning change and a SEQRA Negative Declaration, and WHEREAS, the Queensbury Planning Board reviewed the request for Open Development Area designation at their June 21', 2022 meeting, as required by New York State Town Law §280-a(4), and recommended that it be approved, and WHEREAS, the Town Board duly conducted a Public Hearing concerning adoption of Local Law No.: 7 of 2022 on June 27,2022,heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 7 of 2022 as presented at this meeting,hereinafter referred to as the"legislation," REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 737 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 7 of 2022 entitled, "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,"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.: 7 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.: 7 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 27th day of June,2022,by the following vote: AYES Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough,Mr. Metivier NOES None ABSENT: None 2.2 PUBLIC HEARING PROPOSED LOCAL LAW NO.: OF 2022 TO AMEND QUEENSBURY TOWN CODE CHAPTER 115 ENTITLED"SHORT- TERM RENTALS" PUBLICATION DATE: JUNE 2, 2022 SUPERVISOR STROUGH-Harrison do you want to give a brief description of the amending that we are proposing? COUNCILMAN FREER-Sure, I can do it. There's a half a dozen things that we're recommending. The first,the two most important are to limit the rentals to a five day minimum. The second is to limit rentals to a hundred and twenty (120) days a year maximum. This does not apply if the Short-Term Rental is a principal residence or adjacent. The whole idea is to discourage investors who have no stake in the community to just willy nilly purchase properties and turn them into Short-Term Rentals. We reduced the number of cars allowed to one per bedroom. We require a point of contact for all REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 738 neighbors within a hundred(100)feet of the property line. Currently it says adjacent and it was a little confusing whether that meant the people across the street or behind the fence behind. So it's a clarification more than anything else. We've also strengthened some of the enforcement language that was in the current thing at the recommendation of our lawyers. For those who haven't gotten the latest the Resolution does include what I've talked about a couple times before that the five day minimum for consecutive rentals will only apply between May 15'h and September 15'h of each year. So lots of feedback that the purpose is to prevent loud obnoxious into the wee morning hour weekend activities at Short-Term Rentals that are in congested neighborhoods. The idea is that we will expect less of that in the off-season, especially when it gets colder because people will be inside. And also, the fact that many of the hotel rooms actually dwindle in the off-season. We tried to make the community to be attractive in the off-season. In terms of like for instance the Ice Castle event there wasn't enough hotel rooms to match up to the tickets that were sold. So again,that's the only change that is less restrictive than we published and our lawyers say that we are on solid ground to approve based on what we hear tonight if we want to with that minor change to the original Resolution. COUNSEL HAFNER-Except the public hearing is about the version that was originally done and published and after the public hearing you can propose revisions to that and that was a lessening of a burden. So,just wanted to make sure in case there is ever a challenge of what we are facing. COUNCILMAN FREER-Thank you. That's why we have lawyers. COUNCILMAN MCNULTY-Harrison, I do have just a qualification based on some of the phone calls I got. Even with the change for the off-season the hundred and twenty(120) day minimum still applies. COUNCILMAN FREER-Correct. COUNCILMAN MCNULTY-Ok, that's what I explained. Ok, thank you. Maximum, right thanks Doc. SUPERVISOR STROUGH-Ok,so we did receive additional correspondence so I will open the public hearing and I will convey the public's correspondence to you in short form. I am not going to read it all,we will be here all night. -Peter Bogert-Generally supports, even provided a petition with eighteen signatures of the proposed changes. -Jim Meyer-Opposes limitation for exceptions, for a principal residence and the adjacent ownership relationship. He opposes that limitation. -Jeff Matriccino-Opposes the time limits. -John Hodgkins-Opposes it only in that the restrictions do not go far enough. They need to be more detailed and they need to go further. -Laura and Chris Auffredou-Opposes Short-Term Rentals,period. -Jim Dobkowski-Did send an email that favors pro changes and referred to other communities, they have more limitations than what we are proposing. -Jim Raesly-Should not allow Short-Term Rentals in NBR zones. -Dr. Thomas Quares ima-Supports the Short-Term Rentals controls. SUPERVISOR STROUGH-Alright and next, I'll go to people present but first of all we had one public hearing on this and Tim and Harrison have had their ear to the floor and they've heard a lot of people through phone calls and other forms of communications,they are well aware of your feelings. If you spoke last time at the last public hearing, we heard you. If you have something new, you're REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 739 welcome to speak again but we heard you. We recorded that. It's in our thought process which you had to say. So you don't need to come up and repeat yourself. So folks that weren't here last time and would like to say something,we welcome you. We are going to give you the opportunity to speak to us but again we don't want to hear the same people with the same things. Now the people on Zoom,the same thing. If you have something you would like to share with us and you didn't share it with us before,please indicate to us your desire to do so. When I am done with the public here who are present, I will go to the Zoom folks. COUNCILMAN FREER-John, can I just make one further sort of, it's important that while we just reviewed the essence in summary of the written comments, all of those are part of the official record in full. All of the Board Members have received all of that information and we have absorbed all the details of what you just summarized in the written forms. So it's not that we are trying to keep anything from people. It's all going to be part of the public record. All of your concerns down to the details and we have the whole Board has already had access to and read all of the detailed written comments. SUPERVISOR STROUGH-Alright sir, with the white shirt, you want to come forward. Please identify yourself for the record. TOWN CLERK CAROLINE BARBER-There's actually a sign in sheet, will you ask him to sign please? SUPERVISOR STROUGH-Ok,there's a sign in sheet if you'll sign that first please. SEAN RYAN- I am Sean Ryan. My wife Jenny and I and our three kids live on Glen Lake and we do rent our home. It's been pretty good for us. We live in Charlotte because of my job. So, I live in Charlotte but we are from Hudson Falls and Fort Ann. I guess my point is like I get that Short-Term Rentals the guys the people that come up they don't care and do whatever. I think that we work with a company that's very good,Katelyn. We care about our home. Like right now,me and our daughters are there. We care about it. At the same time, like because of my job,we can't be there all the time. So we just try to make the best out of it. But we're very thorough in what we do and Katelyn is very thorough in what she does in terms of vetting people that come in there. It's a real source of income and it's been really helpful for us and our family. I guess my only point is this, like I will make it plain and simple. I do care about this area. We grew up here. This is our home,this is our home and we do not rent that out to just any Tom, Dick and Harry that shows up. We do it to people that we vet that we trust that Katelyn vets. That's what we do and to make it a five day minimum like really, really limits that. I get it, Glen Lake is what it is. It's our home. It's not a rental Lake. We're not trying to make it work Lake but I think we do it the right way. I think at some point like I would like you guys to see people just doing it the right way, like people that care. They're just,we're just trying to ... you know, doing it the right way and I would like you to trust us to do that. That's all,that's all guys. SUPERVISOR STROUGH-Thank you. Yes, sir. FRED SCHALABA-Should I sign this first? SUPERVISOR STROUGH-Yes,please. Bring the mic like a little closer to you.I had trouble hearing Sean. I heard what he said but. MR. SCHALABA-Is that better? SUPERVISOR STROUGH-Yes,thank you. MR. SCHALABA-So I basically have. SUPERVISOR STROUGH-And you are? REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 740 MR. SCHALABA-Fred Schalaba, 15 Honey Hollow Road. I basically have something to state and then I have a question which I,which I was not privy to the document that was passed out tonight so some of those things in there may have answered some of my questions. So I'm not going to burden you with the whole concerns I had previously but number one, I think you know in respect as this gentleman just stated, I think vetting is the most important thing and that's the problem that I have is that there are going to be people who vet to renters and do a good job. I don't know if they actually do background checks which you have to pay money for. As far as their financial basis and if there is any past criminal charges against people. When you get employed by somebody they do a background check and I would hope that if you're going to open your house to strangers,you're going to do a good background check. But that's the problem. There is no guarantee of consistency amongst other renters that that sort of vetting is going to take place and I'm sure people who love their property and love living here and everything and don't want the place to get trashed are going to do a good job vetting. But I fear that once the doors open, there's going to be other people who may not have the same standards and concerns. It's going to be more of a willy nilly sort of arrangement in renting to people. That's my concern. The second question I have is, so we have a minimum of five nights and a maximum of one hundred and twenty (120) days which is four months. When do you enter in to the definition of Long-Term Rental because if I have a house and I want to sublet my house? COUNCILMAN FREER-Thirty-one(31) days. MR. SCHALABA-Thirty-one(31) days. So what's the other one? COUNCILMAN FREER-Thirty days (30) actually. MR. SCHALABA-Thirty (30) days so there's that overlap of thirty (30) days to one hundred and twenty(120) days . That's what's confusing to me. If I have a right to rent my house on a long term basis, I move to Florida and I rent my house to a sub-leasee for a year,that's a Long-Term Rental. COUNCILMAN FREER-Right. MR. SCHALABA-But now you've got an overlap. So how do you address that? COUNCILMAN FREER-This law is just for rentals for less than thirty(30) days. MR. SCHALABA-For less than thirty (30) days. So what was the hundred and twenty (120) days? That's why I'm lost. COUNCILMAN FREER-So you can rent it four times. MR. SCHALABA-Four times in a row? COUNCILMAN FREER-Right. MR. SCHALABA-Gotcha. Okay,that's what I'd like to say. Thank you. COUNCIMAN FREER-Thanks, Fred. MR. SCHALBA-You're welcome. SUPERVISOR STROUGH-Next? Yes ma'am, back there. Please sign the sheet and identify yourself for the record. VAL BURLETT-My name is Val Burlett and I live in the Tyneswood neighborhood in Queensbury. So I have two questions. The first question is,once all of these things are passed,who enforces them? SUPERVISOR STROUGH-We have a Buildings and Codes Enforcement team. MS. BURLETT-So how does that work? REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 741 COUNCILMAN FREER-Well,that's really kind of, go ahead. MS. BURLETT-I have there's two that I know of in my direct neighborhood. SUPERVISOR STROUGH-Yeah well people generally, if you see a Short-Term Rental violating the law you will call the Town. They will direct you to Building and Codes and Building and Codes will take it from there. COUNCILMAN FREER-But first you call the point of contact that that the owner is giving you to see if they can resolve it and that generally happens about ninety-five (95)percent of the time. That is why we're making that point of contact available to people a little further away than adjacent because on small lots, two people two houses over have had issues and complaints. So first, the first step is to contact the point of contact and they have responsibilities in the Law and most of the time, as the gentleman said, you know, most almost all the Short-Term Rental owners are trying to do the right thing. But that's the first step and then the second step is the contact the Town. When this goes into effect on January 1st, at the earliest, we will have broader and more detailed answers to your question. So it's still a work in progress. MS. BURLETT-Okay,that's fair enough. The second question is if these homeowners who don't live in New York, do they have to apply for a business license? Is there any type of? COUNCILMAN FREER-So our best tracking, so the answer to that, I think is no. But the best way we're trying to track is through, if you rent your house as a Short-Term Rentals, you're supposed to pay four percent County, Warren County's occupancy tax and they have a registration requirement. So we're trying to work with the County so that we don't burden people with, you know, multiple registration, permit kind of things and we made that as a conscious decision because as folks said ninety-five (95) percent of Short-Term Rental owners are conscientious and doing the right things. So, we didn't want to punish the ninety-five (95) percent for the problem child, children, or the less than five percent. MS. BURLETT-Ok, Thank you very much. COUNCILMAN FREER-Thank you. SUPERVISOR STROUGH-Thank you. Yes, sir. FRED TROELSTRA-Good evening, Fred Troelstra, 11 Honey Hollow. I voiced my concerns at the last meeting. So,thank you for listening to those. My question tonight is, kind of on the coat tails of the enforcement. How is the Town going to know who is a Short-Term Renter? COUNCILMAN FREER-Yeah, so we have a talked about that before. Again, we are working with the County and there is a company called Granicus that tracks, has a Municipal Support System. The Town of Lake George uses them and they're very happy with them. They actually go out and call on like sixty (60) different websites. So there will be somebody that gets away with it but it's pretty effective actually. We took a brief from Granicus a year ago. I spoke to them, spoke with them this week and as they get smarter, they're pretty convinced that ten(10)percent is the volunteer number if you put some regulations in and they are up in the ninety (90) percent of compliance. So we're working with the County and they have a contract with this Granicus Company that has been vetted and is locally very well respected in the Town of Lake George. COUNCILMAN MCNULTY-If I could add, we're still getting an initial output from the data from the County. They're looking at totally for Occupancy Tax. There are other modules that may be better suited for the Town and as we get more information on that I may make a recommendation that we purchase that for the Town to use. So we can get better,see the,see what's out there and especially when it comes to tracking a hundred and twenty (120) days or the five day minimum to be able to provide our Code Enforcers the data that they need, to say this is in compliance or this is not in compliance. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 742 MR. TROELSTRA-So they are able to identify the address as well as the duration? COUNCILMAN MCNULTY-Oh absolutely and it's all based on the COUNCILMAN FREER-Public knowledge. COUNCILMAN MCNULTY-Right. COUNCILMAN FREER-And to your point ma'am in the back, one of their modules is a twenty- four-seven(24-7) hotline that we will consider in order to vet complaints. COUNCILMAN MCNULTY-If you looked at, I don't know if you, hopefully you look at our Town website, we have a lot of information on there. That was a commercial. But at the bottom of that point of contact,there is a number now for Short-Term Rental issues after hours. So you can call that number, might have to leave a message but we've got a point of contact that you can give issues or complaints to on a twenty-four seven(24-7)basis. MR. TROELSTRA-Ok,thank you for everybody's efforts, I appreciate it. SUPERVISOR STROUGH-Thank you. JENNY RYAN-Hi, my name is Jenny Ryan. My husband spoke earlier, Sean Ryan, 8 Hall Road Extension. I have been speaking on Zoom. Remember my daughter was crying last time but now we're luckily up here. Like Sean said, we're both from up here. Something I was thinking about is because his job has taken us away from here we rented for six years I think in a row through Davies and Davies pre Airbnb. I don't ever remember people like being so up in arms but maybe it was because you were renting for a week on Lake George and we spent a lot of money and because of renting every year, we wanted to have a home base and we chose Glen Lake. I grew up on Lake George but I just fell in love with Glen Lake. That's where we wanted to be. I kind of said my piece. We are in favor of renting. We are putting it away for College funds. I mean it has been very beneficial to us so we use Northern Living. So I was wondering why we couldn't even have something in this agenda if you are using a Company. My sister is the Property Manager, lives in Hudson Falls, ten (10) minutes away, why can't there be something for someone like that? Maybe we have to turn our garage into an apartment and then therefore,then now we can rent and... COUNCILMAN FREER-So have you rented for more than a hundred and twenty (120) days? I mean, your objection is the.... MS. RYAN-We live there all summer but I don't count the hundred and twenty(120) days, I leave it up to Northern Living. They do an amazing job and honestly,we just leave it up to them. We've had quite a few renters and I would say there was one issue where it was where I wasn't happy with them but other than that things I would like to just know like we are there all summer. I come up for a week in October. Our family, friends stay for a week and they are very open with their website. You can look whatever I don't even remember the app you are using, you can look and see what they doing, our rates and who's there. But I'm just confused, how do you know if we aren't there those three months? Or we rented to family, friends for the week? Where your Code Enforcer is going to knock on the door and say, `oh Jenny and Sean are here this month'. COUNCILMAN MCNULTY-The Granicus data tracks based on Airbnb or those type of venues. Renting locally may not pop up in that so we would have to look at that. In terms of the last question, they track when people sign in and when they depart and that's the information we have. If Northern Living doesn't use that type of system and they're renting by word of mouth or renting however they do. MS. RYAN-Oh no,they are very thorough. COUNCILMAN MCNULTY-And I am not taking anything away from them. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 743 MS. RYAN-I am just saying,they're not just like... COUNCILMAN MCNULTY-But if they're not on a computer system like that, it's not tracked,we'll have to come up with a different way. But I've got to ask you, since you just, like you are here all summer, how will the change in regulation negatively affect you? COUNCILMAN FREER-I think it's the five day minimum. MS. RYAN-I think the five day minimum was definitely, you know people aren't coming... COUNCILMAN FREER-Well it won't affect you because it's only during the summer and you are here. MS. RYAN-I am here. I want to be here in the fall but like I told you we have twins and a three year old so I don't get to fly up all the time. COUNCILMAN MCNULTY-But that was my point. MS. RYAN-But say, I don't know maybe we rented a hundred and twenty-one (121) days. I am not sure about the days. If I knew you were going to ask me that I would have had that number. But maybe it doesn't affect us but it doesn't mean it's not going to affect my neighbor next door and maybe my neighbor, neighbor just rents under the table. Are you going to start knocking on their doors and say, `hey,we've been hearing'? That's just where I feel like it gets a little and maybe we're just more passionate about it because like my husband said, we are doing it the right way. We give them a very good percentage because they are a great Company that takes care of us. I never wanted to rent. I was like,I don't want someone else using my toilet. I was very adamant against renting but then I worked for Katelyn for the summer and cleaned a couple of her houses for extra money, being a stay at home Mom, I needed to get out of the house. The houses were in great condition. She had great families that were there. My husband and I were like, why not do this for College. We have three kids. I just would want more clarification but you are saying the hundred and twenty(120)days may not affect us because we are here all summer. I stay for almost three months but for other people you know, it would hurt them. And then again,the blackout dates,that was my question. COUNCILMAN MCNULTY-What do you mean blackout dates? MS. RYAN-Well, what do we call them? KATELYN MOSKOS-That's like when you use it. MS. RYAN-Like when we're, when I'm there or when a family friend is using it, on their calendar they black it out so no one can rent it. But you were just saying that is something you are going to have to figure out a little bit more. COUNCILMAN MCNULTY-It depends on, again I don't know their system but if it's blacked out and it's not being rented,you wouldn't be paying Occupancy Tax and it wouldn't show up as a rental. MS. RYAN-Ok,thank you and did I say it was our Anniversary? COUNCILMAN MCNULTY-Happy Anniversary. Exactly how you wanted to spend it. MS. RYAN-Thank you. COUNCILMAN FERONE-Happy Anniversary. MS. RYAN-Thanks. SUPERVISOR STROUGH-Please sign in first. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 744 JEFF FERGUSON-Good evening ladies, gentlemen my name is Jeff Ferguson and I live with my wife at 1 Pheasant Walk, Queensbury, New York. I listened to the meeting from a few weeks ago and I learned that this may not affect me. We do Short-Term Rentals at my primary residence. It's where I vote, it's where I work here for the County of Warren. I'm semi-retired and I work three days and if I am correct there is a carve out for people who also use the Short-Term Rental location as their primary residence. Am I correct? COUNCILMAN FREER-Yes,Chapter 115-4 has in here,the carve out,this limitation shall not apply where a Short-Term Rental property is or immediately adjacent property is the principal residence of the Short-Term Rental owner. MR. FERGUSON-Fine, thank you. I appreciate that Mr. Freer. Nonetheless now I would like to speak to all the parties who are affected adversely by Short-Term Rentals and people who need Short- Term Rentals. I for instance use my Short-Term Rental to supplement my retirement income. We started doing this a couple of years ago. Now as you said the problem is not with the hundred(100) percent of the Short-Term Renters, you said it was the two percent. I think we are using an awfully big hammer to tack in a rather small nail. When you rent through Airbnb,you're given the opportunity to screen your renters to know who you are going to be renting to. Frankly, I don't want to rent to people for more than three days. I don't want anybody getting comfortable and when I do rent I take a look at who the potential renter is and I approve them. I make sure they are over twenty-five (25) years of age. I make sure that is not going to be used for a Bachelor Party. I make sure that it is not going to be used for a Bachelorette Party. I won't rent on New Year's Eve. This is my home and this is primarily my home. I am a little bit disturbed. I can't help it. This is the way I think. I am an Attorney. But when you have a problem it seems to me that is the responsibility of the Board to find the least restrictive way of solving that problem. So the first thing is I did I went and I took a look at the ordinance, and this is what I found. You guys covered this. You got it down. You did a great job two years ago. You address everything from smoke detectors to fire extinguishers to carbon monoxide detectors, exterior doors, electrical systems, furnaces in the rental home. But more specifically, and more importantly to the problem that you folks have to address is the fact that you talk about written rules and regulations in the homes of all people who rent to others on a Short-Term basis. That rules and regulations are and I quote "Are expected to be activated when rentals are, are active and they must assure the public health, safety, general welfare by promoting wholesome and attractive environment for the owners property, adjacent property and the general welfare of the neighborhood." You guys did what you were supposed to do. You don't need to shorten the term of the rental to address the concerns of two percent of the people who aren't responsible enough. You've got the tools right here already. In fact, it says the renter must sign the acknowledgement. It shall be made on the property... COUNCILMAN FREER-So we're gonna let other folks go. You can come back if you want to continue. SUPERVISOR STROUGH-Well now,wait a minute Harrison. Harrison I administrate that. COUNCILMAN FREER-Okay. SUPERVISOR STROUGH-The reason why we have the buzzer is... MR. FERGUSON-Oh, I'm sorry. SUPERVISOR STROUGH-We expected a lot of public input. We wanted to get everybody to have a first chance. MR. FERGUSON-Okay, and the time you're speaking I can finish up. SUPERVISOR STROUGH-And that's fine. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 745 MR. FERGUSON-Okay, great. As a minimum the rules and regulations shall address prohibition of the following behaviors, fighting, violence, tumultuous or threatening behavior, unreasonable noise, abusive or obscene language or gestures in public. Quiet hours for the purpose of this chapter shall mean between the hours of 10 pm and 8 pm and shall be maintained by all rental occupants and visitors at the rental property. The penalties for violating this is $950 per occurrence. You've got it gentlemen. What you may need is enforcement of these rules. You don't need to change the rules and I pay a bed tax. So I suggest you talk to the County, get a little piece of that money if you need more Code Enforcers. But you guys already did a great job. You've addressed this problem. May I ask one question and then I'll leave. SUPERVISOR STROUGH-Sure. MR. FERGUSON-Has anybody ever been penalized for behavior at a Short-Term Rental? COUNCILMAN MCNULTY-It has been taken to Court. MR. FERGUSON-How many times sir? COUNCILMAN FREER-That's a second question. MR. FERGUSON-Okay, fair enough. COUNCILMAN MCNULTY-The enforcement actually, the way it was written... MR. FERGUSON-No, has the enforcement action been taken to Court? COUNCILMAN FREER-Correct. COUNCILMAN MCNULTY-And the Judge said there was, the way our Code was written was not effective so that was part of why we had... MR. FERGUSON-Will the two to three day or three day minimum address that concern? COUNCILMAN MCNULTY-Well,that's not why we impose,that's not why it is being discussed. I was, I was asked at this meeting, how many complaints are there. We have been voted in here to not to be reactive,but I would say to be proactive. The number one shortage in the Town of Queensbury right now is not even affordable housing, but housing. So we are taking, we're taking this action to protect homes to be available for people to move in here,to be able to move into the community and to be able to work in the community. So number of complaints and enforcement actions is part of it, but I'm taking a much larger view of this situation, sir. MR. FERGUSON-I'm only reading your purpose and intent of authority. COUNCILMAN MCNULTY-Okay. COUNCILMAN FREER-We had a good lawyer,thanks. MR. FERGUSON-Thank you very much. SUPERVISOR STROUGH-Anybody else present? Yes. JOHN HODGKINS-Good evening,John Hodgkins,218 Lake Parkway, Assembly Point. I am going to take a little different side of this,the last speaker I think he was talking more from a business aspect. But I'm looking it as, this is our neighborhood and where we live, how and where you go for your sanctuary and what you have for privacy. When we start bringing into a business aspect of this that means it's turned from our residential area to a more of a commercial area and I do have a couple quick questions. Well, one quick question anyway. If you could direct it possibly to the attorney for us. There's one part, 115-7 severability and section four and the repeater question, it says repeater. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 746 My question is, the way this is written its stating that it supersedes basically all other Local Law. Does that mean it's going to override our Zoning Law Chapter 117, excuse me 179? When you're looking at that and it says it is, well I'm concerned is that in my area it's a waterfront residential, which is specifically allowed use is for single family residences. Single family dwellings are very well defined. A family is very well defined in our Zoning Code and it does not include groups. It specifically does not include groups and where I get concerned on some of the rentals, it's not that people aren't necessarily renting possibly to a family. Well what happens when they do rent to a bachelor party? That's a group. What happens about a biker group that comes in? Anything that can come up this is,that turns it into a commercial operation and it's not a family. We are looking,these are zoned single family residences and specifically outlined in our Zoning Code. We have separate areas that can be used for items such as rental units. There's places where you can have Motel rooms. There's places where you can have Bed and Breakfasts. Some of the residential areas have places you'd have a special use permit for Bed and Breakfasts. Not in my,not in waterfront residential. Are people going to use it for,you know at five nights it's fairly simple for some people that aren't putting on a big wedding or something. Great, however five nights, I'll be there for two. We'll bring in different, different groups at a different time, we'll put it together. This is, I just want this Board to remember these are homes. They're not,you know,places where we're trying to profit from. That's what I had but if you could,that question on that repeater,I'm very concerned with because it's going to disqualify items. We don't seem to care much on all this stuff on Chapter 136. Everything we talked about on waterfront residential, it's always talking about septics and sewers. I mean,we change our window,we have to think we have to change it. We go out there, any details,now we're changing a use and from how I read this,single family,you've got,you're allowed to have five days in a hundred and twenty (120). I mean basically twenty-five (25) families can be using the same dwelling over a one year period. That's not single family residence. Thank you. SUPERVISOR STROUGH-Thank you. DAVE DESANTO-Hi folks. Dave DeSanto,31 Marley Way,Queensbury. I'm with the Adirondack Vacation Rental Association. We're a grassroots group who's for responsible ownership and reasonable regulation. A couple of things I'd like to say differently from what I said when we met last time. There's a study, Oxford Economics that, first of all, I think everybody can agree housing everywhere is high, even in non-Vacation Rental Communities. Its high everywhere. Even in places that aren't desirable to vacationers. Oxford Economics did a study,this was 2019,Wall Street Journal published it. First study to cover every US County where data was available. The report found that over a four year period only point two percent of the four point three percent rise in inflation adjusted rent could be attributed to the effects of Short-Term Rentals. For home sales the increased amount to less than nine dollars on the average monthly mortgage. You can fact check that. The other thing is I think it's important to, like you're talking about enforcement, make sure things are substantiated not alleged, and that has to be on a timely basis. Because listen, I know what you're up against, dealing with trying to do what you're trying to do. But I see and many of us have grown up in vacation communities where Short-Term Rentals aren't new. What's new is the platform where people can look at it online and see what it's like inside. What's new is it's become a little more popular, so maybe somebody who didn't have a rental next to them in the past doesn't really like the idea. But if they want to control the property next to them, they technically need to buy the property next to them if it's being used for residential use. I agree with them wholeheartedly and I think this is another thing that needs to be done because I checked the Code this morning, folks, it doesn't look like there's a nuisance code. The only time I saw nuisance mentioned, mentioned was in like something about sewers. Other towns have nuisance codes. The public is the public. Whether they're here for vacation, or they're here for the full timers. I did ask you know, give us some stats. I know you have folks who are coming to you with concerns but what are the substantiated ones? How many court cases have there been? Compare that against full time residents? I haven't heard anything. I do feel, I think the gentleman was right,I feel like this is a broad brush. You need to protect property owners as well. A targeted approach and I'll give you a couple of communities because I've heard you reference communities as well. Bolton takes a targeted approach to protect their property owners. They don't put limits on the amount of days. They don't put limits on five days. Warrensburg, same thing. There are Towns very close to home that do that kind of thing. Last thing, and I mentioned this at the last one, but it is worth noting. That Harvard Business Review article that I talked about that came out last fall conservatively estimate for the fifteen(15)cities that they studied,ten(10)year REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 747 study, Short-Term Rental restrictions reduce property values by 2.8 billion and tax revenue by 40 million a year per year and that was fifteen (15) cities. You know I realized a lot of Towns, it's a popular subject. Folks are struggling with this. I had the opportunity to go to a place where there's over a thousand (1,000) units. People live there full time. People are renting. There's hotels intermingled. There's a way to do it but it has to be targeted enforcement where the bad apples aren't ruining it for everyone. Folks, folks are trying to get some retirement income. That's me personally. I don't have a big old school pension so this is a way for me not to worry about the market and eventually retire up here. Probably not rent it as much but I'll be on site and a targeted approach is what we're looking for. Perfect,thanks. SUPERVISOR STROUGH-The buzzer doesn't prohibit you from continuing to speak and you are allowed a second opportunity if you wish. It's just to give everybody an opportunity. Thank you. Anybody else present like to speak to the Board? Yes, ma'am. KATELYN MOSKOS-Hi, I'm Katelyn Moskos, I'm the owner of Northern Living who manages a couple of these people who have spoke. Most of my clients, it's their secondary home. They don't buy it to generate income. They have me rent it to be able to afford a secondary home where they can come and create memories with their children. One of the things I want to touch base on, the calendars and blackouts that we were discussing before, even on Airbnb and those kind of platforms. If an owner, like Jenny and Ryan we're saying that they come up,we block out those dates on Airbnb. So whatever app or whatever it's using, it's still going to pick that up for it to have that. COUNCILMAN MCNULTY-As a non-rental. It wouldn't show as a rental opportunity or as being rented. It would show as blacked out. MS. MOSKOS-No. So if you go on as a guest going on, it just blocked out the calendar. So if you went on and looked at her property, you wouldn't be able to tell whether it was rented or whether it was hers. COUNCILMAN MCNULTY-But it would not show as rented. MS. MOSKOS-It will show as rented. COUNCILMAN MCNULTY-It will show it's blacked out. MS. MOSKOS-No, it shows as blacked out across the board. You can't tell, you can't tell whether it's rented or blacked out on Airbnb. You can't. Just like you can't on my website unless you call and ask me, you're not going to know. I'm not trying to argue with you I'm just trying COUNCILMAN MCNULTY-No,no I appreciate that cause Granicus. MS. MOSKOS-If you check VRBO, booking.com, lakegeorge.com, you don't know if it's rented or owner occupied. You don't know if it's blocked out for maintenance. So I don't know how we are going to calculate these one twenty (120) days. As far as Occupancy Tax goes, Occupancy Tax doesn't even tell you how many days it is booked. Occupancy Tax goes based on the dollar amount not the nights booked. So if it's ten thousand (10,000) dollars, it doesn't matter if it's four days or forty(40)days. So I just don't understand how you are going to regulate this one hundred and twenty (120) days or five days. This system, I think that you are thinking is so seamless, is really not. You know,these platforms I know inside and out. My team knows inside and out and there's just,there's no way to really regulate that. But that can be discussed further. The between May 15'h and September 15'h is hundred and twenty-three(123) days. So if somebody chooses to rent all summer, those properties aren't going to be available for Ice Castles or to bring tourists to this area off-season which is what we're trying to do as a Community right now. COUNCILMAN FREER-Yes,we are. So the rule says, you can, oh ok I'm sorry. MS. MOSKOS-So prime time for an owner to rent is between May 15'h and September 15''. So what they're going to do is they're going to want to rent those dates. Then the winter dates they're not REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 748 going to be able to rent. So the people that are coming to the area and you know the tourism department is trying to make Lake George live again during off-season,these rentals are not going to be available to them. As far as,you know the five-night minimum but if you have a bad guest whether they are there two nights or seven nights, it doesn't matter. The thirty (30) days is going to bypass everything. We can rent thirty (30) days straight out but if you have a bad guest there for thirty(30) days then you are going to be more pissed off than they were having bad renters for two nights. So it doesn't, it doesn't solve the problem. It has to be at the time of booking, right? So we do our due diligence on renting and who does it and there's good owners,there's bad owners and there's a right way to do it and a right way not. I just don't understand why these rules are coming down to people who are doing it right. Why aren't we going after the people who are not doing it right? Why are we getting punished? You know I have two kids. If one kid does something wrong, they don't both go to their room, one goes to their room. So why are we slapping down these rules for the people who are doing it right and who are being effective to the Community? I'll come back. SUPERVISOR STROUGH-Do you have, Katelyn, do you... MS. MOSKOS-I do have more. I mean I have a lot to say but I think it's more of a conversation too. I don't think it's, you know I think there are valid points on both ends. I wouldn't want to be a neighbor to a host who doesn't do it right. I wouldn't want to be, you know there's, if you book on Airbnb, you can do an instant accept button. If an owner has an instant accept button they shouldn't be renting. So for example on ours they have to inquire. From that inquire then they have to fill out a rental agreement and then from there we do a research and say, `yeah you can come or no you can't' and fifty (50) percent of the time we say, `no you can't'. But guess what, those people are going, those guests are going to other properties, the owners are hitting accept them and that's where the secondary set of rules should be applied. All, I, we haven't had any complaints called in on any of ours because we're doing it right. If there is something we can do better,tell us and we'll do it. These owners that aren't doing it right need, the target should be on them not everyone else. It's just, it doesn't seem right. You know, and then... COUNCILMAN FREER-Do you manage 127 Seelye Road? MS. MOSKOS-No. COUNCILMAN METIVIER-They said that you did and that... MS. MOSKOS-127? COUNCILMAN METIVIER-And that you,they called you... MS. MOSKOS-Yes, I do sorry. COUNCILMAN METIVIER-With a complaint and you did nothing about it. You are not the contact person, you said there is nothing we can do. That's where my concern is. UNKNOWN-Excuse me? MS. MOSKOS-Wait, my husband was at, it is 127, I apologize. My husband was there within five minutes and took care of the complaint. COUNCILMAN METIVIER-That's not what I was told. I was told you guys did nothing about it. UNKNOWN-I can show you the video if you want to see it. It's unsubstantiated. SUPERVISOR STROUGH-Okay. Okay,people we have to have this on record. MS. MOSKOS-There is, and that's the problem too, where's the enforcement on that, right? So if somebody had a complaint like the neighbor and they called the Town and overrode me and not call me,they call the Town 9-5 they are getting attention, after that they are not. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 749 COUNCILMAN METIVIER-They said they called and you did nothing so they called us. MS. MOSKOS-No. COUNCILMAN METIVIER-They said you need to fix it. So I don't know what's going on here but that's what we were told. MS. MOSKOS-So, on my end what happened is that they called the homeowner. The homeowner called me. My husband was there in maybe eleven (11) minutes which it takes to get there. He actually went there four times just to follow up. No complaints,no nothing he just went to make sure everything was peaceful, whatever. I'm sure he,the owner of Seelye Road is here. UNKNOWN-And I talked to the neighbors, Greg and Karen. MS. MOSKOS-Both neighbors, actually both wives are Karen so we were laughing at that. He went and spoke with all the neighbors, gave them his number. There's, there's a fine line between what's a complaint and what's not and that's what I have a problem with because like you just said, they called you and all of a sudden we didn't take care of anything. My husband was there four times that day. You know what I am saying. So where is the repercussion to come from? How are we going to know what's actual? What's factual? What's not? We're going to have to pull out his phone and show you that my husband was there four times. COUNCILMAN METIVIER-Was that for the Bachelor Party or the Bachelorette Party? Which one was it? UNKNOWN-That was for this week. MS. MOSKOS-We didn't have... COUNCILMAN METIVIER-This was not this weekend,this was a while back. TOWN CLERK BARBER-One person talk please. MS. MOSKOS-So there was no Bachelor or Bachelorette last weekend or this weekend. COUNCILMAN METIVIER-Well, see again we were told they had a Bachelor Party one weekend, a Bachelorette Party the next weekend. They were all out of control. They called you guys and you did nothing about it. MS. MOSKOS-Nobody ever called me besides the homeowner. But it's really... COUNCILMAN METIVIER-So, again this is why we do this because even though there's safe guards in place it doesn't work. UNKNOWN-You were just there Saturday,this was before... SUPERVISOR STROUGH-Guys and people in the audience. COUNCILMAN METIVIER-So,what are we supposed to do? SUPERVISOR STROUGH-If you want to say something to the Town Board... MS. MOSKOS-That's the thing what, as. I'm done. SUPERVISOR STROUGH-Katelyn, can I ask you to come back if you have more to say? MS. MOSKOS-Yes, you can. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 750 SUPERVISOR STROUGH-There are others that would like to speak. TOWN CLERK BARBER-This woman over here. SUPERVISOR STROUGH-Yes, ma'am please come forward. This sign in sheet and then. KAREN BOGERT-Karen Bogert, 133 Seelye Road. I am very new to this and this room always makes me nervous. I have been here for other reasons asking for things. I think we have a more unique situation in what we've heard so far. We have a new build on our road that was sold for 2.3 million dollars and it has been put with Northern Living for a Short-Term Rental. Today, we have a family there. There's kids playing outside. It's great. That's the first one that has gone right so far. Now,we've had nothing but multiple men,Bachelorette Party one weekend. So they're telling them, you know, it's going to be families and its being vetted. Well,when Katelyn vets somebody I'm sure she's vetting the person who's renting, not everybody's going to bring along with. So if you have a Short-Term Rental for just two days you can get eight guys and I believe Frank indicated that he can have ten (10)to twelve (12)people in the house at the same time. That's pretty close to a Bachelor Party whether there's a wedding going on or it's just the guys getting together for the weekend. That's where the problem comes in. So,probably for the rest of the summer we're going to see Long-Term Rentals by a week to take up the time. We're going to see families. They'll probably be okay but that's not what we've experienced in the month of June. What Katelyn is speaking about is just an issue that I don't even think a neighbor called. I think Frank, the owner of the house through video saw all these cars show up at his house and got concerned and yes, John was there very fast. He had to be there within twenty (20) or thirty (30) minutes, tops. So he was there, he was on site, he took care of it and he did come over and talk to my husband and myself. We did not call Northern Living the first time around. We didn't know about Northern Living. We called the owner and we contacted him about what was going on next door. Perhaps, you know I have gone through all the paperwork and I see quiet time and it's from ten(10)to eight. What is quiet time? What's allowed, and what is, you know unreasonable? I did see there's specifically in the changes it says not just adjacent property but property within a hundred (100) feet. Which is important to us because what we find is the fire pit that's been put on the property is within sixty (60) feet of our bedroom windows. So guess what happens you know, in the evening everybody gathers around this one spot and it's fine, close the bedroom doors and sit in the living room and watch T.V but when it's time to go to bed you don't need to hear what's going on with your windows closed. So that's where,that's where the difference comes in. I believe the house was bought for the purpose of investment, 2.3 million dollars. That's you know whether you pay for it, you've got it mortgaged along with the taxes I totally get it but it's affected the neighborhood so far. I just happen to be the closest to it and that's the story and John did explain to us, you know going forward to just contact them directly. I think as far as the vetting goes it sounds like a good plan but you are only vetting the person who's actually renting the place for the weekend and that's it. COUNCILMAN FREER-Thanks Karen. MS. BOGERT-Thank you. SUPERVISOR STROUGH-Thank you. Anybody else like to speak to this? Alright nobody first time? Ok, got you mixed up. FRANK FANELLI-First time. How is it going? So I'm the owner of 127 Seelye Road. SUPERVISOR STROUGH-And your name is? MR. FANELLI-Frank Fanelli. SUPERVISOR STROUGH-Okay. MR. FANELLI-So we didn't buy the property as an investment property. We are renting it. I'm kind of the opposite of the first gentleman that spoke. I am off in the wintertime. So you can ask them, I REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 751 was here from basically December thru March and then I work April to October. So we weren't going to rent it at first. A plumber was doing work at the house and he referred Katelyn to us and he was like, `oh, you should talk to her'. We spoke to her and she is the owner of Northern Living and we decided to. Why have the house sit there? We do come up in the summer. But to your point with the whole app, I blocked off a couple of days this summer. I blocked off a couple of days in the winter. I blocked off a whole month. The app is not going to be able to tell you it's not rented so you are going to have to find a different way to do it. It's going to tell you that someone is in the house, whether it's me and then my other thing is what if my brother comes up to use the house? It's my house, he comes up with a couple of his friends. I don't want a Bachelor Party at my house. I will be the last one to tell you that. As soon as I saw the guys and how rowdy they were I called John right away. I don't want that and like Katelyn said, don't punish me cause there are a couple of bad apples out there. Trust me, if they're bad I'll get them out of my house. In the same defense and I don't want to get into it with neighbors but if someone complains and then also they complain and tell me that renters damaged their car. The house wasn't rented at the time. So, how do you guys tell what's the truth and what's not the truth? I know it's tough for you guys. You got a lot on your plate but you guys have to think about that. COUNCILMAN FREER-John,can I comment about that? Yeah,so this Granicus,I don't know their exact ... it's proprietary. So, my impression is they'll be able to distinguish when it's being rented versus when the owner is there. But they were pretty clear that in their 24-7 system that they ask for evidence,right because you make a good point,there's allegations and then how to track them down. Both the owners and neighbors like the fact that the system requires it. I will say that in my view this is a rapidly developing ecosystem, evolving ecosystem and to Tim's point part of what we're trying to do here is a lead turn not the folks that are running but having like happen in Lake Placid. Where whole neighborhoods turned into LLC's that nobody knows who's on the left and who's on the right. And so this is not a perfect solution but it's a balance between property rights and neighborhood character that we're charged with trying to do that and we've been looking at it for a long time and we've made some adjustments and we're going to see how it works. MR. FANELLI-And then my other thing to my last point is that I just don't think it's fair to put a number on how many days I can rent my house. This year I might only rent it my house for ninety (90) days. Next year if I have to do,work longer I might rent it for longer. I don't think there should be a cap on how many days as long as the people are going about renting it the right way and that's it. Thank you. SUPERVISOR STROUGH-Anybody else present, first time? Second time? First time. MR. FERGUSON-But she is my wife. SUPERVISOR STROUGH-Separate person so first time. BARBARA FERGUSON-I am Barbara Ferguson, I live at one Pheasant Walk in Queensbury. So I lived in Queensbury for twenty-four(24) years. Both of my children graduated Queensbury School and I am very committed to this Town and the quality of life that we enjoy living here. So, when COVID hit and I couldn't work anymore I needed a little extra income. I'm Airbnb my house on a part-time basis. I really didn't want to go down that road but it's actually been a great experience to me and my neighbors. It's been nothing. We have had no problems whatsoever. So, I am speaking on behalf of the people who do this the right way. I really sympathize with those who have had a bad experience like the gentleman from Sunnyside whose house is fifteen (15) feet from an Airbnb. I listened to him, I felt bad for him. I wouldn't want to be him. But again, I feel as though you are imposing very strict guidelines on people who you know, they're doing things the right way. Like my husband said earlier we check everyone out. Airbnb has a system where you can review people and they can review you. So before we rent, we read their reviews. If there was a negative review, they're not renting. If they are younger than twenty-five (25), they're not renting. If they talk about a Bachelorette Party or ten(10)women,ten(10) guys,they're not renting. This is my home. COUNCILMAN FREER-But and you have no restrictions in our current law or our proposed law. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 752 MS. FERGUSON-I understand that but you know I am just speaking because I have a son who purchased a home in Queensbury as an investment. It's also a vacation home for him and if you were to impose a five-night limit that would virtually kill his business and mine and therefore he wouldn't have a cleaning lady. She would lose employment. My cleaning lady, my lawn guy, my pool guy all these people whose support our business would be out of a job. They have two children. They are a young couple. They love Queensbury. He graduated here. He has lots of friends here. He comes here quite frequently but he needs support to help him run this house. With the extra money he can improve the property. That improves the value for his neighbors when his house is looking tip top as mine does. So I just feel that my main concern is the five-night limit. This would totally kill business. People come up here for events, such as balloon weekend, the ice castle in Lake George, they come up. I've had people come for ski races at West Mountain and what not. They are not coming for five days. They can't afford to take five days off of work in the off-season. So that's my main complaint is I really don't want to see you enact this five day limit. Thank you. SUPERVISOR STROUGH-Thank you. Anybody else,present? Ok,what's that? TOWN CLERK BARBER-People on Zoom? SUPERVISOR STROUGH-Yeah, let's finish up here first. I don't see anybody on Zoom. COUNCILMAN MCNULTY-One gentleman but he's dropped off now. He keeps coming back and forth several times. SUPERVISOR STROUGH-She's back on. Alright, Katelyn why don't you come up? COUNCILMAN MCNULTY-Alexis is on too. SUPERVISOR STROUGH-Alexis Taylor wants like to speak. Alright,thanks Tim. Alright, Alexis Taylor and Jen Dobkowski. Alexis first. Again, Alexis something new, something we didn't hear last time, okay? Go ahead. Can you hear us? Are you muted? I don't have you muted on this side. Okay, she says she's not muted. We can't hear you Alexis for whatever reason. COUNCILMAN MCNULTY-Why don't we try Jen and see if we can hear her? SUPERVISOR STROUGH-Alright, Alexis, I'm going to try and come back. Jen Dobkowski, Jen can you speak? Oh gosh we're not hearing her either. Let me try something. She's there and telling you. What's that? Jen, they have you saying that you are muted even though... There we go. We are not hearing anything Jen. COUNCILMAN MCNULTY-Is there a volume on the control? Can you turn it up? SUPERVISOR STROUGH-Alright, so Alexis says she's not muted. I love this technology. Well Alexis and Jen, for some reason the audio is not working but the chat is working. In the chat they're saying that we're not muted and we can hear you. COUNCILMAN FREER-Happy Anniversary. MS. RYAN-We've got to get back to the twins. SUPERVISOR STROUGH-Andrew Fosbrook says I support Lauren and Chris and Martin Auffredou. COUNCILMAN MCNULTY-And then he dropped off. SUPERVISOR STROUGH-You guys know how to run a Zoom meeting? Yeah, we've been doing it for like two and a half years. Once in a while, because it's a very complicated system things don't work perfectly. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 753 COUNCILMAN MCNULTY-Alexis and Jen, do you want to submit something in chat and we'll read it and we can carry on a conversation that way? SUPERVISOR STROUGH-Alright, Jen we just can't hear you. I don't know what the problem is. We'll find out but doesn't do us any good tonight. COUNCILMAN METIVIER-Do they want to call in to my phone and I'll put it on the microphone so they can at least express their, 518 tell them to call me. SUPERVISOR STROUGH-Tim can you tell them that? COUNCILMAN MCNULTY-You want to chat,what's the. COUNCILMAN METIVIER-Call my phone number. SUPERVISOR STROUGH-Then we can put it on speaker phone. COUNCILMAN METIVIER-518-932-1109. SUPERVISOR STROUGH-Alright, so while we're trying to straighten this out,Katelyn do you want to come back? Tim, Councilperson McNulty is going to try and give them the opportunity to speak via Councilperson Metivier's phone and while they're working that out you can have the opportunity to complete your thoughts. MS. MOSKOS-I guess it's not so much thoughts as questions. Off-season if we go over, even in season so how it typically works with us when we book end of June until Labor Day is a seven-night minimum. There and before after it varies a two-night minimum to a four-night minimum, depending on you know, holiday etcetera. Obviously there's a lot of people who don't even list on Airbnb. There's a lot of other platforms that I don't know are engaged in this app or whatever it's called, but I foresee a lot of it, like how are you going to regulate that people are renting? It's very easy to write a rental agreement for five-nights and rent for two. Right? That's what these people are going to do and a lot of these people are going to be renting under the table avoiding the four percent Occupancy Tax to avoid following these rules. That's what's going to happen. So I think that by implementing the five-nights,the one twenty(120), it's going to take away from the Town. It's going to take away from the County because these people are going to avoid paying that four percent so they're not regulated as to how much they can rent. Does that make sense? There's a lot of people who have returning renters and all this kind of stuff where it can be avoided on a calendar. If this app is just tracking on a calendar,that's an easy fix for some of these hosts to do. COUNCILMAN FREER-So, again I can't speak for all of the details of the Granicus app but it's much more sophisticated than, at least I've been lead to believe is much more sophisticated. They have a very good track record of identifying addresses that are involved with Short-Term Rentals. MS. MOSKOS-I'm familiar with it too so we rent in six different Towns. I work with Lake George, Bolton all the other Towns. It's impossible to know whether someone's calendar is blocked out for their own use or a renter use, for a maintenance, for repairs. It's virtually impossible. Even our own homes. You know whether we're using,unless you knock on the door and see a face or have license plates in their driveway, you are not going to be able to distinguish that. Unless they are over paying the Occupancy Tax of the one hundred and twenty (120) days which you can't regulate anyways because Occupancy Tax is based on the dollar amount, not the nightly stays. So I think there is a lot of gray areas in here of how is this going to be enforced, you know. COUNCILMAN FREER-We'll see. MS. MOSKOS-Yea, I'm willing to, it sounds great but I think that there's a, even with the septic and sewers. Like I know when somebody comes to me and they want to rent we have a whole list for them to fill out and check off and we make sure if the Town requires a permit if you have to get, if REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 754 you have to register. We have them pull up their septic prints. We know what size septic you need, how many bedrooms, how many people you can have, all... COUNCILMAN METIVIER-Katelyn, somebody else is speaking right now can you hold on? Okay, go ahead. MS. MOSKOS-Another question is how is after hours, the enforcement is going to happen? So, I guess my concern is you know neighbors... COUNCILMAN FREER-Right,we want them to call you instead of MS. MOSKOS-Right. COUNCILMAN FREER-Again,this is all,this is not perfect. MS. MOSKOS-Oh, correct. COUNCILMAN FREER-We're trying to balance this and we're going to get smarter and if we need to change it... MS. MOSKOS-Change it, yea. COUNCILMAN FREER-You know that's,but we felt obliged to do something. And because we're really looking down the road, we don't want to turn into Lake Placid where the whole neighborhood is absorbed by LLC's that nobody knows about. MS. MOSKOS-Correct. Well thank you very much, I appreciate it. SUPERVISOR STROUGH-Ok,thank you. COUNCILMAN METIVIER-Alright, Jen go ahead. JEN DOBKOWSKI-Good evening everyone, this is Jen Dobkowski. First of all, I wanted to just thank Councilman Freer, he mentioned something at the beginning, we want to discourage investors who have no stake in the community. I just wanted to point out from when I was an attendant at the June 8 h meeting,there was,to my knowledge, I believe there was one resident of Queensbury in the people who were hosts. I could be mistaken. I apologize if I'm off there. There was one individual from San Francisco, one from New Jersey, one from Long Island and one individual I, was either from here or had property in North Carolina, I don't recall which. My question is, are we as a community, as people who live, reside, work in this community, do we want those people who live in those places to determine what we the residents, full time long term residents of Queensberry should have in our neighborhoods? You know, I also learned that one of the individuals is an employee of Airbnb who called in on the last meeting as well and they're going to, Airbnb going to have the best and most unbiased opinion of what's best for we,the citizens of Queensbury? And are we shifting our neighborhoods to comply with the wants and needs of tourists and investors in the hospitality industry, many of whom are out of town or are we going to protect and preserve the community and safety that many people in this town, including myself, my husband and our kids moved here to get? We wanted to be in a safe community. We wanted to have a neighborhood and I really feel in the last two and a half years or so that has been stolen from me with a fulltime year- round, commercial Airbnb run by a motel owner immediately next to me. I very much appreciate the one hundred and twenty (120) day limit which will greatly kind of soften the blow that it places on our family every day. But really it seems to me that that is, this is not the place. I think there are some wonderful places in Queensbury that allow commercial enterprises where this is perfectly appropriate. I would encourage the Town to do what Lake George did and have zoning limited to certain areas where there are already hospitality businesses. Where, you know having strangers, people coming in and out, checking in late is appropriate, it's not disruptive to people who have to get up and go to school, go to work the next day. By allowing these in residential areas, neighbors are becoming the de facto security system deputized to report property violations. So that, for my REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 755 husband and myself we've been forced to join numerous occasions. We've called the police. We've let the Town know about many violations and disturbances. Since this unique meeting, we've had two parties of people come onto the property that we own in their bathrobes. They don't know, they're on vacation. They don't understand what we're dealing with here. The update to the proposed law,which shortens the minimum duration between May 15'h and September 15'', as somebody who lives on a ski slope has dealt with this for two years now, over two years. I know we're trying to prevent loud and obnoxious parties but this is, I mean, it's we've dealt with this for two and a half years nonstop. One night, two nights, three nights, sometimes fourteen (14) days but the turnover past our home, it's unbearable. Having a constant stream of strangers has just been put such stress on our family. Our neighbors aren't happy. They're not affected as closely as we are since we're immediately adjacent to the home in question. But aside from the hundred and twenty(120)day limit, this law really doesn't do too much to limit what my husband and I are experiencing right now. So I just wanted to kind of share that since the last time I spoke and I want to thank you all for your time. COUNCILMAN FREER-So if I could just comment that the Town of Queensbury is also in the throes of updating our Comprehensive Land Use Plan and some of the zoning questions that have been raised in our study of the last year or so,we hope to address in our review and update of our Comprehensive Land Use and Zoning Plans. So to Jen's point I just wanted people to be aware that again, in my opinion,this is a rapidly evolving ecosystem and we're likely to see some discussion about zoning, as we review that. That's a longer term process. There will be public input and we should be under contract with an expert vendor here, I think maybe today or soon. MS. DOBKOWSKI-Okay,thank you. SUPERVISOR STROUGH-Ok, thank you Jen. Alexis, can you call Councilperson Metivier's number, if you wish to talk. COUNCILMAN MCNULTY-I sent it to her. SUPERVISOR STROUGH-What's that Tim? COUNCILMAN MCNULTY-I did send her the number. COUNCILMAN METIVIER-Hey Alexis. ALEXIS TAYLOR-Hi. COUNCILMAN METIVIER-Go ahead. MS. TAYLOR-I am echoing at my end. COUNCILMAN METIVIER-It's her, not us. It's her. MS. TAYLOR-Can you hear me? COUNCILMAN METIVIER-That's you. Can you turn your mic off or mute yourself on the computer? COUNCILMAN MCNULTY-Can she hear us? MS. TAYLOR-Well,I haven't been given the opportunity to speak so there is no mute button. I think you should learn how to use Zoom for the Board Meetings going forward. COUNCILMAN METIVIER-We do know how to use Zoom,thank you. MS. TAYLOR-When you offer it to those at home. COUNCILMAN MCNULTY-Go ahead. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 756 MS. TAYLOR-Hi,I'm Alexis. I am speaking again,I'm not going to speak on the benefits of tourism that Airbnb and Short-Term Rental bring to our area which has done so much to move forward with. But I did want to speak on the great points that Katelyn made and other people in the area. It seems like tonight there was a lot of finger pointing and I just wanted to kind of talk about how I feel like a lot of the people that are speaking up with complaints are maybe one off complaints and these things can happen when you're not renting Short-Term. My parents also have a house in the area. I've stayed there many times before I purchased our home with my husband and our neighbors, on either side, have parties,they are up late at night. I am up until one o'clock in the morning listening to them and they're there all summer. So it can really happen with anybody especially in lakeside communities. It's very close living and that's just kind of how it is. So you take away this and you say okay, a five day rental, it's this, it's that, it's still going to be the same problems. There's going to be the same complaints. And I want to see the other side also that people are feeling unsafe. Personally, we vet all of the people that have come to our Airbnb. We have not had one issue. My neighbors came up and spoke about our property in the last meeting. I respect their voice but I also wanted to note that what they were talking about was two years ago and two owners ago. There was a Long Term Renter in my property when I purchased it over nine months ago. They're talking about things that happened two years ago. Since I've had the property I've followed all of Queensbury's rules. I've given them my phone number and I haven't heard from them. We've had amazing guests. I also want to note that I'm actually coming into Town to enjoy our lake house that we purchased. To also enjoy and spend time with family and if I'm loud at the bonfire, am I going to get called because I'm technically a Short-Term Renter even though I own the property? I think we just need to see the bigger picture here and look at both sides fairly. And I also hope that the Board here tonight votes with dignity and fairness, because it's felt like watching this over Zoom that there's a lot of swaying on a certain side. So I hope that we can look at this fairly and come together as a community. COUNCILMAN MCNULTY-I didn't hear that. What did she, can you say that again, a lot of what? SUPERVISOR STROUGH-Want to look at this fairly. COUNCILMAN MCNULTY-She said there is a lot of something, something. COUNCILMAN METIVIER-What did you say about there is a lot of what, Alexis? MS. TAYLOR-I'm not sure what part you meant. COUNCILMAN METIVIER-The very last part that you just said. You said there was a lot of something that nobody could hear what you said. MS. TAYLOR-It seems like there's a little bit of, all I wanted to do, say is that I hope we come together as a community to figure this out and I also hope that the Board here tonight is going to vote with dignity and fairness. It seems like there's a little bit of a bias leaning toward a certain route. So I appreciate you hearing me out and I also appreciate everybody's opinions tonight. COUNCILMAN METIVIER-So the word is biased, Tim that she was missing. COUNCILMAN MCNULTY-Okay,thanks. SUPERVISOR STROUGH-Ok,thank you. Yes, ma'am. TRICIA FREER-My name is Tricia Freer and I was on the Short-Term Rental Committee and I was the lone representative of the owners. I am of family property that we've had rented out before Airbnb before VRBO. We are one of those people that you will not see on Airbnb or VRBO because we have families that come back year after year. When I'm here tonight and what I just heard from somebody on,that there's a bias. What I really feel everybody needs to know is that this Committee came together to try to put together what was balanced, what was good for the community and what trying to piece together things in a way that everybody could benefit. I sat there and I went one hundred and twenty(120) days isn't very long but when we rent,we make our money so that we can REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 757 enjoy our home and we can do improvements on it within that time period. And I'm not saying that that's the ideal time period but as, it has been brought up. This is a starting, this was a starting, we started at a hundred and eighty(180) days. I'm giving you background. A hundred and eighty(180) days and went down. It was the people that were inside that room that we're deciding these things and there isn't,I don't want to say that there wasn't,there was a lot of conversation. Davies and Davies came. He gave a presentation about the Lake George people who give their properties to them and says, `here, rent it'. My feeling is Short-Term Rentals are not going to go away and neither are all you people in this audience. But we need to do abetter job at having respect for our neighbors,having rental agreements and operating agreements that include what our community needs and what is in the written law. I would, I would hate to see Short-Term Rentals be eliminated because if they are eliminated I will no longer be able to have a legacy property that my mother held onto for thirty-nine (39) years. I know there's disagreement, but this Board has been trying to do the best they could do. The people that were at the meetings tried to do put together the best information that they had together and had resources from a lot of different communities and areas. So we're kind of nitpicking over this and that and we need to just come together and I know that sounds like kumbaya stuff. But realize that maybe this is a starting point for moving forward, that more people will get involved when they say we're having a Short-Term Committee, we want to put together or tweak this law. Because as it was brought out, there's going to be an overlay land usage and that's going to impact some, may impact some of those later on. I just want to say we worked hard and there wasn't really a bias. COUNCILMAN MCNULTY-There is another hand up John, from Andrew Fosbrook who's on and left. I sent him a note to call in if he wants to. SUPERVISOR STROUGH-Well, we can try it. COUNCILMAN MCNULTY-Andrew, can you hear us? SUPERVISOR STROUGH-Yeah, but we can't hear him for whatever reason. Alright Andrew, can you call Councilperson Metivier's phone number and talk to us that way? Councilperson Ferone's on here double, I'm seeing double. Alright, I don't know what's wrong Andrew. Can you call the phone number that's listed in the chat? Ok, and not only that... COUNCILMAN FREER-He's calling John somebody's calling. COUNCILMAN METIVIER-Go ahead Andrew. SUPERVISOR STROUGH-Well, I hope he's not being insulted COUNCILMAN METIVIER-You got to turn your mute off too. ANDREW FOSBROOK-Can you hear me alright? COUNCILMAN METIVIER-Yep. MR. FOSBROOK-Ok, so the solution to... SUPERVISOR STROUGH-And you are, Andrew please introduce yourself MR. FOSBROOK-Alright, you've got something on your end. COUNCILMAN MCNULTY-We can hear you now. TOWN COUNSEL HAFNER-He didn't mute it. COUNCILMAN MCNULTY-Now,we can't. Shut off your Zoom mic. COUNCILMAN METIVIER-Yeah,turn off your Zoom mic. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 758 COUNCILMAN MCNULTY-It wasn't working so why would you set it up? SUPERVISOR STROUGH-Not working. Alright, Andrew we are not able to get you through. One theory is that you needed to turn your Zoom mic off. COUNCILMAN MCNULTY-He's still speaking. SUPERVISOR STROUGH-We can't hear you. It's funny how it lights up that he is speaking but it is not coming through that system. COUNCILMAN METIVIER-Always something. SUPERVISOR STROUGH-Andrew, mute Zoom and just make a phone call to Tony Metivier. COUNCILMAN MCNULTY-Now he's muted. COUNCILMAN METIVIER-Are you there? Andrew? Alright, hold on a second. I think there still feedback. Alright, go ahead. SUPERVISOR STROUGH-Yea, you get that when you have two microphones going. COUNCILMAN METIVIER-Can you mute your computer by chance? Just put yourself on mute. SUPERVISOR STROUGH-Now he's muted. COUNCILMAN FREER-Try it. COUNCILMAN METIVIER-Try it now. Andrew? Try it now Andrew. MR. FOSBROOK-Yes. COUNCILMAN METIVIER-Speak. MR. FOSBROOK-Okay. COUNCILMAN MCNULTY-It's the same. SUPERVISOR STROUGH-Yeah, but this is supposed to be recording. Are they going to be able to... COUNCILMAN MCNULTY-How many chances... COUNCILMAN METIVIER-Try now. MR. FOSBROOK-Better? COUNCILMAN METIVIER-Keep talking. MR. FOSBROOK-Alright, so here's the deal. We have a lot of attorney's in the room and what we need to do SUPERVISOR STROUGH-We can't hear him. COUNCILMAN METIVIER-It's my microphone. Keep talking loud. TOWN CLERK BARBER-There is no way I can transcribe this. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 759 MR. FOSBROOK-Yeah, I'm hearing an echo here, that doesn't sound right. So, that's probably on your side. Here we go. We just need general contracts that's specific to certain neighborhoods... COUNCILMAN METIVIER-Alright, this is not working. So what did you want to say? You want a general contract and what? Write an email and send it in to us, alright. What? Well we're having issues over here so we can't fix it right now. That's all we are trying to say. We're trying to figure out a solution. That's not going to work so if you want to send an email or chat that's fine. Alright? SUPERVISOR STROUGH-Ok, anybody present wish to speak again? DAVE DESANTO-Just one quick ask please, the one thing that seems that keeps coming up is the nuisance portion of this. SUPERVISOR STROUGH-You have to introduce yourself again. MR. DESANTO-Oh, no problem. Dave DeSanto, 31 Marley Way, Queensbury. SUPERVISOR STROUGH-Thank you. MR. DESANTO-So, I'm hoping going down the road there's going to be conversation and tell me if I'm wrong, is there a Nuisance Code? Because I've heard folks say, `hey we called the police and the police said we can't do something'. SUPERVISOR STROUGH-Well, it's a good question. We've taken a look at Nuisance Codes all over the Country, ad nauseam. None of them are that workable. For example, noise what is loud to you and loud to me maybe two different things. Then what kind of analysis. So I have a neighbor call up and the music is horrible. They have their speakers on too loud. Well, do you want to set a decibel level because otherwise it's very, you know objective to subjective. How do you measure what's loud and by the time we get somebody with a dosimeter, are they still going to be as loud? Then do you measure that dosimeter from fifty(50)feet, a hundred and fifty(150)feet? Anyhow we, just to get through,we could go through the nuisances,they're just very hard to regulate. The wording is very hard and Town Counsel has told us they're very difficult laws to deal with. So,until somebody comes up with a workable nuisance ordinance and they do have nuisance ordinances.. MR. DESANTO-There's lots of them out there,right. SUPERVISOR STROUGH-But are they workable? MR. DESANTO-Right, I understand and the point I think some of the folks are trying to rent out or stuck on is that some of the behavior, most folks agree, they don't want to see that behavior. But some of the behavior, it seems like if it goes on at, if it's not a Short-Term Rental it's acceptable. The ones that I have seen where they're not taking the approach that Queensbury's considering right now and they say you know, if you fail to, if you are going to break these laws, if you are going to break these codes that's when we can put in the step to enforcement. And they don't, they protect the property owners and they don't prohibit the rentals but they do enforce the laws and the codes. That's why I come back to the codes because when I see the Bachelorette Party going on at my permanent neighbor and I'm going, and I don't want to use Bachelorette Party but I am using it as an example. You need to start to think to yourself the public is the public, a nuisance is a nuisance and all of the public should be treated the same way. I think that's where some of the rough is. COUNCILMAN FREER-Yeah, and they're assuming New York Code but again we don't even have police. So,the County has some authority but not much. MR. DESANTO-We don't have police or is that what? COUNCILMAN FREER-Queensbury Police, I'll send them to your house. We don't have any. COUNCILMAN MCNULTY-We don't have any. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 760 COUNCILMAN FREER-The Sheriff is our only law enforcement. MR. DESANTO-Well, maybe that's part of the problem. I don't know. I'm just, gotcha,thanks for your time. SUPERVISOR STROUGH-Ok,thank you. JOHN HODGKINS-John Hodgkins, Assembly Point. I just want to say one more thing. They're all speaking here about, oh well we, somebody can report something and we wait to see what happens. None of us want to be at our home have to sleep with one eye open and when somebody's different there every week or every other day, you're always wondering. I have neighbors. I know my neighbors. If they're having a party,I don't worry about it. I go next door the next day and say, `hey, you're awful loud that day'. They're friends. If I was looking at this Board and I know every member this Board here, if next week, there was five, there's five more of you and then the week after five different ones, none of us would ever be able to communicate and put everything together and we'd be nervous about what's going to happen in this Town. Right now when we go into a neighborhood, it's a neighborhood, not a community which is constantly revolving and going in and that's what I think many of us who are sitting on the other side of this issue, not making money, not trying to survive by making money off our homes,what we're actually trying to live there and have a fair place. So I want to just leave with that. I don't want to have to worry about my wife at home because there's a next set of renters coming in and we don't know who they are. Thank you SUPERVISOR STROUGH-Thank you. Anybody else? Jen Dobkowski. COUNCILMAN MCNULTY-I sent her the phone numbers, so if she's not calling in I think she just has to lower her hand. SUPERVISOR STROUGH-Jen, your hand is still up if that, okay. Andrew Fosbrook your hand's still up. Does that mean you have something else to say? You'll have to call Councilperson Metivier and. Alright, okay I see no further comments from the public. Having two public hearings, many emails. Oh ok, last call. JAMES DOBKOWSI-James Dobkowski. I know I spoke last time but I just want to address the change. I think it's more than just parties that we were kind of concerned about as a community, as at least from my point of view, it was strangers. It's the loopholes in the Megan's Law and I've beaten this to death and you would think something like that would be easy to change. You would think your State Representatives and your Federal Representatives or anybody would want to change a loophole that allows sexual predators into your neighborhood could happen but it's not happening. And until that happens, our concern is the number of new people who are next door. It's not just the number of parties, but the number of new people and that was one of the reasons I personally supported the five days. We actually wanted more of them we started off with fourteen(14). I think if you kind of remember because we thought we could close the Megan's Law loophole and we couldn't. So that's just my number one concern. Vetting's the problem and I don't know how to fix the vetting problem. I know some people do a great job at vetting. There's an awesome article that says Short-Term Rental industry must do a better job of vetting travelers. It was written by Carl Shepherd who's a co-founder of HomeAway and I'm just going to read one line and maybe it'll address why I don't think the winter should be closed because it's going to address us, affect us directly. I mean, it's not just strangers too, it's their driving. It's a three point turn, it's by my water. Right. In the winter. It's concerned because we're afraid people are going to slip on our property. But this is what Mr. Shepard had said, `with millions of people seeking a Short-Term Rental, the owner today renting to someone who is essentially unknowable, uncontrollable and went undisciplined almost undetectable. And he goes on to say, and he's for Short-Term Rentals by the way, `no one should be surprised that from time to time, someone's home will be used for a porn production' and he footnotes it where it's happened, `or a terrorist will use a rental as their base for an attack,or there will be parties that will lead to violent altercations, such as the Easter shootout at an Airbnb in Pittsburgh that left two people dead'. The last time I spoke there was a shooting in an Airbnb. There's been three shootings, Airbnb since the last time I spoke. It's,that's the concern and I get how people are saying REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 761 vet, vet, vet. But you don't know. All right. In Pittsburgh, they still haven't figured out who owns the house. Who's renting that house. So Airbnb and VRBO are the problem. As much as people say that they do rent and you know, we worked hard, I was on the Committee coming up with certain things. I will say with the Ice Castle, I did look at the numbers. People stayed in the hotel six to one compared to STR's.It was supported mainly by people in the area. Sixty-seven(67)percent of people who went to the Ice Castle were from the area. So almost a little more than a third use Short-Term Rentals and hotels.Not all the hotels were booked and speaking to the manager of Queensberry Hotel, all the major hotels were open in the winter during the Ice Castle. So fifty-five thousand(55,000)to eleven thousand (11,000) use hotels. Our hotels weren't fully booked, and I think that's the industry that we should be supporting. We shouldn't be supporting an industry that grew when the County was asking them to close. Right so the person that called up and said `Airbnb improved tourism twenty-nine (29)percent in the area', I think that was Warren County Tourism that actually did that. And as far as our Occ Tax, Queensbury only contributes seventy thousand(70,000) dollars to all the Occ Tax. Short-Term Rentals,I should say. I'm not willing to put my kid at risk for seventy thousand (70,000) dollars. I don't think these should be in residential neighborhoods. We've come to this compromise of a hundred and twenty (120) days. I would just question and with all due respect, Councilman Freer,that winter, and we're going to disagree. COUNCILMAN FREER-Okay MR. DOBKOWSKI-And we've disagreed before. COUNCILMAN FREER-Yep. MR. DOBKOWSKI-Alright,thank you. SUPERVISOR STROUGH-Okay, alright. Well, it's nine o'clock. If anybody has any last minute comments, I don't... MS. MOSKOS-I just have one quick thing and I'll be quick. SUPERVISOR STROUGH-Alright, Katelyn. MS. MOSKOS-I guess one of the, one of the questions that I would have was just like today,when I sat here and was told I was responsive,and how are you going to distinguish,what an actual complaint is versus non complaint? You know,when I sat down I was told we weren't, you didn't show up,we didn't respond,they called us. You heard for yourself,they didn't call us and my husband was there. So you know, I think, obviously, you guys, I understand, you know, I would not want to be in your position. And again,I've been to a couple of different Towns and I respect all of you and how you've handled this. But I think there's a lot of gray areas. I think,you know, a frustrated person or an upset person is, has the loudest, loudest voice is always, is always heard first and the people who have a pleasant experience aren't the ones that are stepping up and saying that `this is a good thing and we enjoy it'. And again, the, you know, if your thirty(30) days are over you're not considered a Short- Term Rentals so these laws don't apply. I know that we've had renters over thirty(30)days and I wish they were there for only seven days. So you know, it's, it's, it's how you, it's how you filter in. That there should be something on how these renters are filtered, a questionnaire. Like we have a six page rental agreement. We know every single person's first name, last name,their age,where they live and we research them coming in. So, again, it's about a good host versus a bad host. It's about being responsive to a complaint. But it's also,you know having,knowing what's a real complaint and what's not a complaint. So when someone calls and says they were up until 10 o'clock partying, like you said,what is considered partying for one? As you know, it's not for the other or if one of my owners are there and the neighbor calls and says they're being loud. I have to, I say `that's okay,they can be because they are not a renter'. You know and likewise for, like, when we say, we have a house that we rent and we also utilize myself, my husband and I, my neighbors are very, very loud, and that's okay. And when I'm there, I want to enjoy it too and I want to sit around the campfire and they can't complain. But if there are renters there they can complain. So I just think, I think you know, what's good for one is good for all. If there is a problem, I think it's a civil matter and, and if it's, if it's loud enough,then the cops are going to handle it. But I think that if the owners are responsive and do their REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 762 due diligence and what kind of guests that they host and they are on property to check it out. It's just a gray area to me of really what's a complaint versus not a complaint? SUPERVISOR STROUGH-Okay, thank you. Okay, anybody else? Any comments Tim on chat? COUNCILMAN MCNULTY-Andrew's got his thumb, no. SUPERVISOR STROUGH-Yeah, I know I called him out before to see if. COUNCILMAN MCNULTY-That might be old. SUPERVISOR STROUGH-He can call Tony. COUNCILMAN MCNULTY-He's been chatting with me so. SUPERVISOR STROUGH-Do you have anything to share with us about the way he feels other than COUNCILMAN MCNULTY-He doesn't appreciate the way we run Zoom meetings. Oh, wait a minute, here it is, I've got a new one. Simple solution, just draw up an STR contract that allows flexibility and have those neighbors agree upon it. It entirely depends on where you are and your property. And I think Harrison's discussed that in terms of the Comprehensive Master Plan Review and Zoning Regulations. But that's not overnight, that's going to be two and a half, hopefully not more than two and a half years' experience. UNKNOWN-Excuse me, are you voting today? COUNCILMAN MCNULTY-We could. SUPERVISOR STROUGH-Well we're going to talk about it. Alright, I am going to close the public hearing. PUBLIC HEARING CLOSED COUNCILMAN FREER-Thank you everyone for your inputs. Again, we've been I think diligent in this effort. I would like to propose that on section 115-4 Short-Term Rental limitations that we add the phrase from May 15'h through September 15'h of each year. Delete the, and then add through any person or entity at the end of that paragraph. So what that essentially does is limit the five day minimum rental to the season,the hot,the high season. So if you're renting between September 161h and May 14'h,the five day limit would not apply. So that's relief for people who are trying to rent in the offseason when many times it's two or three days at a time. It is, again part of the five day thing was to reduce the turnover so the point of you know, you could rent it for five days and just, or rent it for two days and just say five days. That would still allow less people coming and going and cleaning and all that stuff. So that was really part of the intent of doing this. It's been an interesting drill for me because I have family members who are on the islands of the North Carolina Outer banks where ninety (90)percent of the properties seem to be Short-Term Rentals. So we're, we really have tried to look at what's going on in the North Country. Look at what's going on in New York State. There's a fourteen(14) day minimum rental down in Long Island that has been upheld in the judicial system. There's going to be some more case law on this topic, both New York and elsewhere. I think this current proposed revision is so well thought out and I hope to make a proposal this evening to pass it. COUNCILMAN MCNULTY-Alexis commented about bias or non-bias or having preconceived notions. I think I've been clear since we started and I'm concerned about the overall way the Town of Queensbury is going and I'm not taking away anything from any of you homeowners, Short-Term Rental owners. Each one of you have come since day one and said, `my renters are great, I check everybody out, we don't have an issue'. But that doesn't get to the point where the neighbors are concerned about their neighbor. Or who is their neighbor this weekend? Who's going to be their neighbor next weekend? I think if we, if we don't vote tonight, there's been new, there's really been REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 763 no new conversation tonight except for the Granicus app. I've got to do some more homework and Harrison,I know you will as well in terms of the validity or specifically the homeowners' rights. The homeowner using it, or what you called the blackout dates. MS. MOSKOS-I'll talk to you all day. COUNCILMAN MCNULTY-Okay no I heard you all day today. Only kidding, only kidding. The thought is, and I talked to Code Enforcement today,I talked to our Counsel,we want to do something that is enforceable. And any, the reason the challenge, the lawyer who spoke who's not listening to me right now. Sir. The reason we have all these, the laws that we have all around are because somebody abused it sometime. We have speed limits because somebody sped. Are we going to get it a hundred (100)percent right? I can't commit to that. I can commit that we're going to try and I can commit to the, if it's not right now or we got to tweak it as Harrison said we will. But I think the Masterplan, Comprehensive Masterplan Review and the Zoning changes, the zoning review will codify this in ways that are legal but will also address some of your concerns as well. I really, and I don't think, are there any other arguments that we didn't vote tonight that you could bring up? One for against? We've been doing this for six months. UNKNOWN-I will just bring up... COUNCILMAN MCNULTY-Please. Well if John will let you. COUNCILMAN FREER-The public hearing is closed. TOWN COUNSEL HAFNER-The public hearing is closed. COUNCILMAN MCNULTY-I will talk to you afterwards. SUPERVISOR STROUGH-Ok, anybody else? COUNCILMAN METIVIER-I just want to comment to Tim's point. Which is, you're absolutely right, that every law that's been written in this world is because people, you know are bad. It's the two percent or ten(10)percent or twenty(20)percent. Eighty(80)percent of the people in this world are great people,twenty(20)percent suck and it's the twenty(20)percent that are going to ruin it for everybody else and this is no different. So you know, we get the phone calls. We have to deal with the constituent that had a terrible night last night because somebody next door was a jerk and we need to figure that out. You know,this has been six months, a year,two years in the making. It's not going to be perfect. It's a start but you guys have to realize that you might be doing everything right but there's twenty (20) percent out there that are doing it all wrong and they're going to ruin it for everybody just like everything else. So we have to do something. We cannot turn our backs to it because there are folks out there that need us. They need something and to have y'all come up and say, `hey, we do it right'. That's great. Good for you. But there are so many people that don't and that's why we've been you know,we have beaten this to death. So,you know,I'm glad that you folks that do it right, do it right, thank you very much but we're not talking about you, and it's too bad that you have to be penalized for somebody else but what other choice do we have? We cannot fix this otherwise. So you know we can,we can listen to comments all night long. We need to do something because you might not be suffering or experiencing it but somebody else out there is. You want to talk about biased? That's biased to,that why do we have to turn our backs on those folks who can't live in peace even though you can. They did nothing wrong. They just have to put up with it. So you have to understand, we're not doing this because we don't like you. We're doing it because we don't like other people that are, you know causing problems in this Town just like everything else. It's the eighty-twenty(80-20)rule. Twenty(20)percent ruin it for eighty(80)percent. So you know, just, you have to understand that. We understand you guys do a great job,that's wonderful. But not everybody does and when we get those phone calls and we listen to the people, you know we have to have a solution. This cannot go on much longer and it's only going to get worse before it gets better. So,just please understand that as we either vote on this tonight or not. It's not going to be perfect but it's a working document and it's a start. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 764 SUPERVISOR STROUGH-George, anything? COUNCILMAN FERONE-I'm just going to add,I've sat here very quiet tonight, I was not on this Committee for Short-Term Rental but a lot of this, a lot of these discussions have gone on for a long time. It's well over a year, I think it goes back to gosh, 2020 that we started talking about Short-Term Rental and slowly but surely a Committee was put together. I have a tremendous amount of respect for the people who sit up here on this Board. In particular the amount of time and effort that went in by Councilman McNulty, Councilman Freer and the Committee, the folks that spent time on this. I read all the emails and everything that has been posted and you have to realize, I probably spend about eight to ten (10) hours a week just keeping up on the emails of the Town and much of it having to do with Short-Term Rentals over these many, many months. I think we are in a good place. I think it has been said before that many times we will pass laws but we have to have a starting point. It doesn't mean we don't modify and change it as need be but we have to have a starting point and this is where we are at this point in time. SUPERVISOR STROUGH-Well, I do have to thank Councilperson Freer and Councilperson McNulty and your Committee and I know how much work you've done. I know that you've listened to all sides. What you put together appears to be a compromise even from what I've heard tonight but on June 8 h as well. We had another public hearing. Very unusual that we'll have two public hearings on a topic but we wanted to give the public ample time to share your thoughts with us so that all thoughts are considered. You have the owners of Airbnbs, whatever, I understand their position. If I owned one, I'd probably be in the same position. However, I live in a nice neighborhood. I know my neighbors and I've been asked would I be comfortable with an Airbnb next to me. I responded, `honestly, no'. I like knowing my neighbors. I know all my neighbors. There's certain character to our neighborhood and it's because we're all permanent residents. But I also see the other side. You know where it's an opportunity to buy something and make some money, an entrepreneurship, good. So weighing everything because there have been discussions about prohibiting Short-Term Rentals in Queensbury all together. Alright, it doesn't appear we want to go there. That's an extreme view. The other view is to have no regulations on STR's. I have to respect Councilpersons McNulty and Freer and that I think what they put together along with the Committee was something that was pretty much down the middle. In other words, it's not going make a lot of people happy on both sides. But it is an attempt to improve the law. Now, we had a property transfer law. We were one of the first to have property transfer laws. We had to tweak it. We had to change it. We listened to our Director of Buildings and Codes Director, said this is not working right and okay, we changed it again. We changed it multiple times to the point where it's stabilized. But I don't see this law, the Short-Term Rental law that we have was a starting point. We needed that. But we need to work on it to help stabilize things for both parties and there are both parties here tonight. So, I would be in favor of trying the changes tonight but still listening to the public as we go forward and possibly changing it again. So I'm ready to vote on this tonight if... COUNCILMAN FREER-Well it's part of a Resolution, so I think... TOWN COUNSEL HAFNER-Well the Resolution has to be moved and seconded it. COUNCILMAN FREER-Right. SUPERVISOR STROUGH-Yea, we're not there yet because I want to see, what is the consensus of the Board? COUNCILMAN MCNULTY-John, if I can make one comment to that. I mentioned the Comprehensive Masterplan Review and the Zoning Review. We will have multiple public hearings to talk about that. Short-Term Rentals will be a separate Chapter in that as well. There was some ideas discussed here previously about three strikes and you are out and a permit process, that will all be under consideration and discussion as we go forward. I endorse, I applaud your comments about it's a document, a living document. We try to be fair and I'm not going to, we try to be fair. We listened to both sides. I make a motion that we move forward with the Resolution as amended. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 765 COUNCILMAN FREER-As amended. TOWN COUNSEL HAFNER-As amended, good. COUNCILMAN FREER-I'll second. SUPERVISOR STROUGH-Second to the motion by Councilperson Freer as amended. COUNCILMAN MCNULTY-Do you need to read that, Bob? TOWN COUNSEL HAFNER-I think that he did read the changes to 115-4. COUNCILMAN FREER-Correct,to what you have in front of you. TOWN COUNSEL HAFNER-Yes, to what I have in front which started as the beginning from May 151h thru September 15'h of each year. COUNCILMAN FREER-Right. MR. HAFNER-Then it talks about, can be rented for periods of, shall not be rented for periods of less than five consecutive days to any person or entity. That was the change. COUNCILMAN FREER-Right. Thank you. SUPERVISOR STROUGH-That additional amendment is understood by both the person who made the motion, Councilperson McNulty and the second for the motion Councilperson Freer. RESOLUTION ADOPTING LOCAL LAW NO.: 8 OF 2022 TO AMEND QUEENSBURY TOWN CODE CHAPTER 115 ENTITLED "SHORT-TERM RENTALS" RESOLUTION NO.: 243, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to revise its regulations relative to short- term rentals to help to ensure public health, safety and well-being within the Town, and WHEREAS, the Town Board has prepared proposed Local Law No.: 8 of 2022 which provides such revisions, and WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law and the Town Board duly held two (2) public hearings concerning the proposed Local Law on Wednesday, June 8 h and Monday, June 27 h, 2022 and heard all interested persons, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 766 RESOLVED,that the Queensbury Town Board hereby adopts Local Law No.: 8 of 2022, "A Local Law Amending Chapter 115 of the Queensbury Town Code Relating to Short-Term Rentals" substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Planning, Zoning and Code Compliance, Acting Director of Building and Codes Enforcement, Town Counsel and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None LOCAL LAW NO.: 8 OF 2022 A LOCAL LAW AMENDING CHAPTER 115 OF THE QUEENSBURY TOWN CODE RELATING TO SHORT-TERM RENTALS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. Section 1. Intent; Authority—This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 3. Amendment — Chapter 115 of the Queensbury Town Code, entitled "Short- Term Rentals" is hereby amended to read as follows: Chapter 115. Short-Term Rentals REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 767 § 115-1. Purpose and intent; authority. The Town Board has determined that short-term, transient rentals can be incompatible with the sense of privacy, community and ambience currently enjoyed in residential neighborhoods in the Town and have the potential to create a threat to the public health, safety and well-being within the Town. The Board also recognizes that short-term rentals can attract visitors to the Town and can provide an additional source of income to Town residents. Accordingly, the Board wishes to provide regulations to protect against adverse effects of this use while allowing it under appropriate circumstances. This Chapter is adopted pursuant to New York Municipal Home Rule Law. § 115-2. Definitions. As used in this Chapter, the following words shall have the meanings indicated: DWELLING UNIT One or more rooms designed, occupied or intended for occupancy as separate living quarters,with provision for living, cooking, sanitary and sleeping facilities provided for the exclusive use of one family or household. RENTAL Granting use or possession of a dwelling unit in whole or part to a person or group in exchange for some form of valuable consideration. SHORT-TERM RENTAL A dwelling unit, which may or may not be inhabited by the owner of record or their immediate family, that is rented, in whole or in part, for a period of less than 30 consecutive days to any person or entity, but not including a hotel, motel, inn, campground or bed-and- breakfast as defined in Town Code Chapter 179-2-010 (C). SHORT-TERM RENTAL OWNER All entities having an ownership interest in a dwelling unit which is used as a short-term rental. SHORT-TERM RENTAL PROPERTY The entire area which is under the ownership or control of the short-term rental owner, including, as applicable, the parcel of land on which a short-term rental is located,together with the dwelling in which it is located and any other structures on the parcel. § 115-3. Short-term rental standards. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 768 Short-term rentals shall comply with the following standards and requirements: A. There shall be one functioning smoke detector in each sleeping room, one functioning smoke detector and a carbon monoxide detector in another centrally located room and one functioning and inspected fire extinguisher in the kitchen. Detectors must be in compliance with New York State Property Maintenance Code. B. All exterior doors shall be operational, and passageways to such doors shall be freely accessible and unobstructed. C. Electrical systems shall be serviceable with no visible defects or unsafe conditions. D. All fireplaces, fireplace inserts or other fuel-burning heaters and furnaces shall be vented and properly installed. If installed, all fireplaces, fireplace inserts or other types of fuel- burning heaters (excluding furnaces) shall have proper, written, safe operating instructions provided to any party renting the short-term rental. E. Each sleeping room shall have an exterior exit that opens directly to the outside or an emergency escape or rescue window which meets the current state and Town building codes requirements for an escape window. F. The number of vehicles permitted overnight at the short-term rental property is limited to 1 vehicle per bedroom. The number of bedrooms set forth in the Town of Queensbury's assessment records shall be used for purposes of this section. Overnight on-street parking is not allowed. Available parking spaces (one space per car) shall limit parking to such number of spaces. On-street day parking shall not impede local residents or public free entrance and exit to the neighborhood. G. Short-term rental owners shall establish written rules and regulations for the short-term rental. The rules and regulations are expected to be activated when rentals are active. The content and intent of these rules and regulations is to assure public health, safety and general welfare by promoting a clean, wholesome and attractive environment for the owner's property, adjacent property owners and the neighborhood. This document shall also list the penalties for violation of such rules or regulations. The rules will specifically address the penalties contained in this Chapter; see § 115-5. The renter must sign acknowledgment of these rules and regulations. A copy of the signed acknowledgement statement shall be maintained on the property and made immediately available upon request from law enforcement officers or Town Buildings and Codes personnel. The rules and regulations shall be enforced by the short-term rental owner. As a minimum, the rules and regulations shall address prohibition of the following behaviors: fighting, violence, tumultuous or threatening behavior, unreasonable noise, abusive or obscene language or gestures in public. Quiet hours for the purpose of this Chapter shall mean between the hours of 10:00 p.m. and 8:00 a.m. and shall be maintained by all rental occupants and visitors at the rental REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 769 property. H. Provisions shall be made by the short-term rental owner prior to actual rental for weekly garbage removal during rental periods. Garbage containers shall be secured with tight- fitting covers at all times to prevent leakage, spillage and odors, and be placed where they are not clearly visible from the street or road except as required for pickup times. L A house number visible from the street or road shall be maintained. J. Short-term rentals shall comply with all local, state and federal laws and regulations. K. The maximum occupancy for each short-term rental shall be two people per bedroom plus two. For example, a short-term rental with three bedrooms is allowed eight occupants. The number of bedrooms is determined by the RPS database maintained by the Town Assessor's office. §115-4. Short-Term Rental Limitations A. From May 15'h through September 15'h of each year, a Short-Term Rental shall not be rented for a period of less than five consecutive days to any person or entity. This limitation shall not apply where the short-term rental property or an immediately adjacent property is the principal residence of the short-term rental owner. B. A short-term rental property shall not be rented for short-term rental purposes for more than 120 days in total per calendar year. This limitation shall not apply where the short-term rental property or an immediately adjacent property is the principal residence of the short-term rental owner. C. The Limitations set forth in this Section 115-4 shall be effective beginning on January 1, 2023. § 115-5. Contact person. The short-term rental owner must provide all owners of property within 100 feet of property lines of the short-term rental with the name, address and telephone number of a contact person or entity. Such contact person or entity must be able to address any complaint received regarding the short-term rental site within one hour of receiving the complaint. The contact person or entity must document all complaints and responses and submit them to the Town within 24 hours. A copy of the contact person or entity name, address and phone number shall be maintained on the property and made immediately available upon request from law enforcement officers or Town Buildings and Codes personnel. § 115-6. Enforcement and penalties. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 770 Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining short-term rental property or a short-term rental shall comply with all the provisions of this Chapter and all orders, notices, rules, regulations or determinations issued in connection therewith. A. The Director of Building and Codes Enforcement or designee shall be granted access upon reasonable request to the short-term rental property for the purpose of inspection and/or enforcement of compliance with short-term rental regulations and/or Town and State building codes. B. Whenever it is found that there has been a violation of this Chapter or any rule or regulation adopted pursuant to this Chapter, a violation notice and/or appearance ticket or summons and complaint may be issued to the person, individual, partnership or corporation owning, operating, occupying or maintaining the short-term rental or short-term rental property in which such violation has been noted. C. The Director of Building and Codes Enforcement or designee shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket or summons and complaint, subscribed by him or her, directing a designated person to appear in court at a designated time in connection with the commission of a violation of this Chapter. D. Penalties. Any person who shall violate any provision of this Chapter, any order made hereunder, or any rules or regulations adopted pursuant to this Chapter in addition to other penalties provided for in this Chapter and/or the owner of any property at which a such violation occurs shall be guilty of an offense punishable in the following manner: a fine of not more than $950 for each offense. Any person who shall violate any provision of this Chapter, any order made hereunder, or any rules or regulations adopted pursuant to this Chapter in addition to other penalties provided for in this Chapter and/or the owner of any property at which a such violation occurs shall be liable for civil penalties of not more than $950 for each violation. E. A civil action or proceeding in the name of the Town of Queensbury, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Chapter or any rule or regulation adopted pursuant hereto and to seek monetary penalties. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced with the consent of a majority of the Town Board. F. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this Chapter shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this Chapter, or in any other applicable law. Any remedy or penalty specified in this Chapter may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 771 Chapter. The Town may initiate enforcement proceedings under this Chapter at any time following receipt of a complaint or if the Director of Building and Codes determines that a violation has occurred. § 115-7. Severability. The invalidity of any clause, sentence,paragraph or provision of this Chapter shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4. Repealer — 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. Effective Date — This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT — 3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING QUOTE OF TYLER TECHNOLOGIES, INC. FOR INSTALLATION, IMPLEMENTATION AND MANAGEMENT OF CONTENT MANAGEMENT CORE SOFTWARE RESOLUTION NO.: 244, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 397, 2014, the Queensbury Town Board authorized establishment of the Information Technology Capital Project and Information Technology Capital Project Fund No.: 205, and WHEREAS, the Town Budget Officer has advised that as a result of the decommissioning of Internet Explorer, the Town's financial suite (MUNIS) will no longer be compatible with Laserfiche Connector and therefore it is necessary to engage the professional services of Tyler Technologies, Inc. (Tyler) for the installation, management and implementation of Tyler's Proprietary Content Manager (TCM) Software for an amount not exceeding $19,403 as set forth in Tyler's Quote substantially in the form presented at this meeting, and REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 772 WHEREAS, funding for this Project has already been established and is provided for in Capital Project Fund No. 205, and WHEREAS, the Budget Officer has advised that additional licenses, hardware and/or training time may be needed related to this Project and therefore has requested that the Town Board also authorize additional expenses up to a$5,000 contingency that the Town Budget Officer deems necessary or appropriate, and WHEREAS, the Town Board wishes to authorize Tyler's Quote and additional contingency, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the professional services of Tyler Technologies, Inc. for the installation, management and implementation of Tyler's Proprietary Content Manager(TCM) Software for an amount not exceeding$19,403 in accordance with Tyler's Quote (with a Quote Expiration of 10/09/22) substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes the Town Budget Officer to approve additional licenses, hardware and/or training time that may be needed related to this Project up to a $5,000 contingency that she deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that payment up to a total amount of $24,403 shall be from Computer Hardware Account No.: 205-1680-2032, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to take any actions needed including amending the Town Budget, making any adjustments, and/or preparing any documentation necessary to provide for payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign the Quote in substantially the form presented at this meeting and/or any other necessary Agreements or documentation and the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution, and REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 773 Duly adopted this 271h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT : None RESOLUTION AUTHORIZING MARSHALL & STERLING UPSTATE, INC. TO RENEW TOWN OF QUEENSBURY INSURANCE COVERAGES EFFECTIVE JULY 1, 2022 -JUNE 30, 2023 RESOLUTION NO.: 245, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,by Resolution No.:221,2021,the Queensbury Town Board authorized Marshall & Sterling Upstate, Inc., to renew insurance coverage, including the Town's Public Officials' Liability Coverage, for the Town of Queensbury from Trident/Argonaut Ins., Cyber Liability coverage from CRC/CFC — Lloyd's of London and Pollution Liability coverage from Chubb effective July 1st, 2021 —June 30th, 2022, and WHEREAS, the Town Board wishes to authorize the renewal of insurance coverages including the Town's Public Officials' Liability Coverage with Trident/Argonaut, Ins., Cyber Liability coverage from CFC/Lloyd's of London and Pollution Liability coverage from Chubb effective July 1", 2022 —June 30th, 2023, in accordance with Marshall and Sterling Upstate, Inc.'s June 2022 Proposal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer and Marshall & Sterling Upstate, Inc., to renew insurance coverages including the Town's Public Officials' Liability Coverage for the Town of Queensbury from Trident/Argonaut, Ins., Cyber Liability coverage from CFC/Lloyd's and Pollution Liability coverage from Chubb in accordance with Marshall and Sterling Upstate, Inc.'s June 2022 Proposal, effective July 1st, 2022— June 30th, 2023, and BE IT FURTHER, RESOLVED,that the Town's Public Officials' Liability Coverage shall constitute the Town Officials' annual blanket public undertaking, thereby meeting the requirements of New York State REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 774 Town Law and Public Officers Law §11(2), and such undertaking shall be filed in the Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documentation to effectuate such renewals/insurance coverage and the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING REVISED QUOTE OF MADDISON'S CONTRACTING AND REPAIR AND ACCEPTANCE OF FUNDS FROM TOWN CEMETERY COMMISSION TOWARD ELECTRICAL WORK AT PINE VIEW CEMETERY RESOLUTION NO.: 246, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,by Resolution No.: 331,2021,the Queensbury Town Board approved the Town Cemetery Superintendent's purchase of a floating fountain with lighting kit to provide supplemental aeration at the pond located at the Pine View Cemetery, and WHEREAS, by Resolution No.: 176, 2022, the Town Board authorized the Cemetery Superintendent's engagement of Maddison's Contracting and Repair (Maddison) to complete the required electrical work to provide power service to such fountain for an amount not to exceed$8,950 as set forth in Maddison's Contracting &Repair's Quote dated 4-13-22, and WHEREAS, the Cemetery Superintendent has advised that Maddison failed to include in its quote the accurate amount for prevailing wages and therefore Maddison has submitted a revised quote dated 5-19-22 in the amount of$11,575, which quote remains the lowest submitted quote for the work, and WHEREAS, the Town Cemetery Commission offered to fund such work and the Town Board wishes to authorize the acceptance of such funds and the revised quote, REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 775 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the Town Cemetery Superintendent's engagement of Maddison's Contracting and Repair to complete the required electrical work to provide power service to the fountain at the Pine View Cemetery for the amount not to exceed $11,575 as set forth in Maddison's Contracting & Repair's Quote dated 5-19- 22 in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED,that such authorized electrical work to be provided by Maddison's Contracting & Repair shall be subject to all applicable New York State Department of Labor regulations pertaining to prevailing wages, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the acceptance of payment in the amount of$11,575 from the Town Cemetery Commission to fund such purchases, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2022 Town Budget by: • Increasing Appropriation—Misc. Equipment—002-8810-2001 by $2,625; • Increasing Revenue—Misc. Revenue—002-0000-52770 by $2,625; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor,Cemetery Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 271h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPOINTING CORTNEY HOWSE AS DEPUTY COURT CLERK REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 776 RESOLUTION NO.: 247, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: 1. Court Clerk to Justice; 2. Court Clerk to Justice; 3. Court Clerk(to serve needs of Court); and 4. Deputy Court Clerk; WHEREAS, the Town Justices have advised that they wish to fill the currently vacant full- time position of Deputy Court Clerk and accordingly reviewed resumes, interviewed interested candidates and have now recommended that the Town Board authorize the appointment of Cortney Howse to the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town Justices' appointment of Cortney Howse to the full-time Deputy Court Clerk position subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, drug and/or alcohol screening, and Ms. Howse's successful completion of a six month probationary period, and BE IT FURTHER, RESOLVED,that Ms. Howse shall be paid an annual salary of$39,500, and BE IT FURTHER, RESOLVED, that this appointment shall be effective as of on or about June 28 h, 2022 and shall be subject to completion of the required Oath of Office, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor, Town Justice(s), Court Clerk(s) and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 777 Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY, SEASONAL LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 248, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Cemetery Superintendent has requested Town Board authorization to hire Logan Mahoney and Edward Batcher as Temporary, Seasonal Laborers to work for the Cemetery Department for up to 11 weeks, not to exceed 40 hours per week, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Edward Batcher is the cousin of Highway Department employee Dakota Sawn, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Logan Mahoney and Edward Batcher as Temporary, Seasonal Laborers for the Cemetery Department for up to 11 weeks commencing on or about June 28 h, 2022, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborers shall be paid $15.00 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 778 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 249, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 $ 001-7020-1010 Wages 001-7110-4824 Rec Programs 25,000 Increase Revenue 040-0000-52680 Insurance Recovery 4,849 Increase Appropriation 040-8340-4320 Service 4,849 Materials Duly adopted this 27 h day of June, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 779 ECONOMIC DEVELOPMENT CORPORATION - WARREN COUNTY FOR 07/01/2022 - 06/30/2023 RESOLUTION NO.: 250, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC's important mission to improve employment opportunities and economic development in the Town and therefore wishes to enter into an agreement with EDC for the period of 07/01/2022—06/30/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation- Warren County in substantially the form presented at this meeting for the period of 07/01/2022 —06/30/2023 with funding in the amount of $114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreements in substantially the form presented at this meeting and 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. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 780 Duly adopted this 27 h day of June, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR TEMPORARY USE OF GURNEY LANE RECREATION AREA RESOLUTION NO.: 251, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury owns and operates a Town Park known as the Gurney Lane Recreation Area(Park), and WHEREAS,the Under the Woods Foundation,Inc. (Foundation)hosts an annual mountain bike race at the Park known as the Churney Gurney Mountain Bike Race and wishes to make beer available to the public at the Race to be conducted on August 6 h and 7 h, 2022, and WHEREAS, the Foundation and the Common Roots Brewing Company(Common Roots) have agreed that Common Roots will provide the beer and oversee its sale to the public, and WHEREAS,the Town Board has determined that the proposed activities are in furtherance of a proper Town purpose and the goals of the Town's Department of Parks and Recreation, and WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and responsibilities of each in connection with the Race and the sale of beer at the Park, and WHEREAS, a copy of a proposed License Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane Recreation Area between the Town of Queensbury,Under the Woods Foundation,Inc.,and Common Roots Brewing Company substantially in the form presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 781 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 27 h day of June, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY FIRE CONVENTION COMMITTEE TO HOST 134TH ANNUAL HUDSON VALLEY VOLUNTEER FIREMEN'S ASSOCIATION CONVENTION RESOLUTION NO.: 252, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury has received a request for funding from the Town of Queensbury Fire Convention Committee to assist in the hosting of the 134 h annual convention of the Hudson Valley Volunteer Firemen's Association Convention in June, 2023, and WHEREAS, such event is expected to bring over 10,000 volunteer firefighters and their families to the Town of Queensbury and its surrounding area's hotels and motels, restaurants, stores and other businesses,thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Fire Convention Committee in the amount of$17,500 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Fire Company has been presented at this meeting, REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 782 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Agreement between the Town and the Town of Queensbury Fire Convention Committee to assist in its hosting of the 1341h annual convention of the Hudson Valley Volunteer Firemen's Association Convention in June, 2023 in substantially the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding not exceeding the sum of $17,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $17,500; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $17,500; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO.: 253, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 783 Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Theatre Festival in an amount of$7,500 with occupancy tax revenues received from Warren County and accordingly enter into a 2022 Agreement with the Adirondack Theatre Festival for the promotion of numerous performances and events to Town and area residents and visitors, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between the Town and the Adirondack Theatre Festival and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting,with funding for the Agreement in the sum of$7,500 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $7,500; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,500; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 27 h day of June, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH COUNTRY ARTS CENTER REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 784 RESOLUTION NO.: 254, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to provide funding to the North Country Arts Center (DBA) North Country Arts in an amount of $4,400 with occupancy tax revenues received from Warren County and accordingly enter into a 2022 Agreement with North Country Arts for the promotion of artists exhibitions,performances and workshops to Town and area residents and visitors, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between the Town and the North Country Arts Center(DBA)North Country Arts and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting, with funding for the Agreement in the sum of$4,400 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $4,400; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $4,400; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 785 Duly adopted this 27 h day of June, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY YOUTH BASEBALL & SOFTBALL RESOLUTION NO.: 255, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into certain community service Agreements with certain organizations for the provision of certain community-based services and benefits, and WHEREAS, the Town Board therefore wishes to enter into an Agreement with Queensbury Youth Baseball & Softball, and WHEREAS, a proposed Agreement for the year 2022 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Queensbury Youth Baseball & Softball for 2022 substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement with funding not exceeding $15,000 to be paid for from the appropriate Town account. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF AKRF FOR ADAPTIVE SIGNAL CONTROL TECHNOLOGIES FEASIBILITY STUDY RESOLUTION NO.: 256, 2022 REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 786 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, on November 2, 2020, the Queensbury Town Board adopted Resolution No.: 354,2020 authorizing the execution of a Grant Agreement with New York State for an award of Sixty Thousand Dollars ($60,000.00) and establishment of Adaptive Signal Control Technologies (ASCT) Capital Project No. 234 for its appropriations and estimated revenues, and WHEREAS, by Resolution No.: 370, 2020 the Town Board amended Resolution No.: 354,2020 such that the Adaptive Signal Control Technologies Capital Project shall be established and referred to as Capital Project No.: 235, and WHEREAS, the original Grant Agreement with New York State had an expiration date of June 30, 2022, and WHEREAS, upon request by the Town, on March 10, 2022 the Grant Agreement with New York State was extended through June 30, 2023, and WHEREAS, a Request for Proposals for professional services for an ASCT Feasibility Study was issued on March 18, 2022 with a submittal deadline of April 29, 2022, and WHEREAS, two (2) responses were received, of which both were determined to be substantially complete, and WHEREAS,a Project Steering Committee reviewed the responses submitted and interviewed both firms on June 13, 2022, and WHEREAS, after conclusion of the interviews, the Committee recommended that the Town enter into a contract with AKRF, and WHEREAS, the Town's Senior Planner has presented the Town Board with the proposed Professional Services Agreement with AKRF and the Town Board wishes to authorize such Agreement in substantially the form presented at this meeting, WHEREAS, the Town Board wishes to authorize a temporary loan from Capital Reserve Fund No. 64 up to $60,000 until such time as such grant funds are received, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 787 RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of AKRF to prepare an ASCT Feasibility Study as delineated in AKRF's Proposal dated April 29, 2022 and presented at this meeting for an amount not to exceed Fifty-Nine Thousand One Hundred Seventy-Nine Dollars ($59,179.00), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes AKRF to perform certain consulting work as outlined in their proposal dated April 29, 2022 for an amount not to exceed Fifty-Nine Thousand One Hundred Seventy-Nine Dollars ($59,179.00) to be funded from Capital Project No.: 235, such expenditures being for a specific Capital Project for which the Capital Project No.: 235 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from the Capital Reserve Fund 464 up to $60,000 until such time as grant funds are received, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation as may be necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Professional Services Agreement in substantially the form presented at this meeting and/or any other documentation related to this Project and further authorizes and directs the Town Supervisor, Executive Director of Community Development, Senior Planner and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a 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. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 788 NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF STORED TECHNOLOGY SOLUTIONS, INC. FOR SERVICES RELATED TO REMOVAL AND REPLACEMENT OF EXACQ 64 CHANNEL NRV AND TRANSFER OF SETTINGS AND CAMERA LICENSING RESOLUTION NO.: 257, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 31, 2022, the Queensbury Town Board authorized a five (5) year extension of the Agreement between the Town of Queensbury and StoredTech Technology Solutions, Inc., (Stored Tech) for the continued provision of professional information technology services, and WHEREAS, Stored Tech has submitted Quote No.: STSQ16654 dated June 2, 2022 to remove and replace the Town's Exacq 64 channel NVR with new 128 channel NVR and transfer all settings and camera licensing from the old NVR to the new NVR for an amount of$15,226.17, and WHEREAS,the Town Board wishes to engage StoredTech in accordance with such Quote as such professional services are consistent with StoredTech's existing provision of information technology services and StoredTech has the skill, expertise and an established familiarity and comfort level with the Town's building infrastructure, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the engagement of Stored Technology Solutions, Inc., (Stored Tech) for professional services in accordance with Stored Tech's Quote No.: STSQ16654 dated June 2, 2022 to remove and replace the Town's Exacq 64 channel NVR with new 128 channel NVR and transfer all settings and camera licensing from the old NVR to the new NVR for an amount of $15,226.17 which amount includes $760 for StoredTech's professional services and authorizes and directs the Town Supervisor to sign any needed documentation and/or agreements to effectuate such purchase and services to be paid from Account No.: 203-1620-2899, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 789 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 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT : None RESOLUTION APPOINTING RICHARD CIPPERLY AS MEMBER OF TOWN ZONING BOARD OF APPEALS RESOLUTION NO.: 258, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and WHEREAS, a vacancy for a full-time position exists on the ZBA, and WHEREAS, the Town Board wishes to appoint Richard Cipperly to fill the unexpired term of a previous full-time member, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby appoints Richard Cipperly to serve as a full-time member of the Town Zoning Board of Appeals,until such term expires on December 31 st 2022. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPOINTING BRADY STARK AS MEMBER OF TOWN PLANNING BOARD RESOLUTION NO.: 259, 2022 REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 790 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy for a full-time position exists on the Planning Board, and WHEREAS, the Town Board wishes to appoint Brady Stark to fill the unexpired term of a previous full-time member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Brady Stark to serve as a full-time member of the Queensbury Planning Board until such term expires as of December 31, 2022. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION TO AMEND THE TOWN OF QUEENSBURY'S VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM AND PLAN DOCUMENT RESOLUTION NO.: 260, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board previously adopted a defined contribution Volunteer Firefighter Service Awards Program which is administered by the Town, and WHEREAS, on November 8, 2019, former Governor Andrew M. Cuomo signed into law a bill increasing the maximum Service Awards able to be paid to Volunteer Firefighters and Volunteer Ambulance Workers, and WHEREAS, The Town's current defined contribution plan provides for an annual contribution of$700 per year per participant, and REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 791 WHEREAS, under a defined contribution plan, under the new bill, the Service Award Program contribution for a participating volunteer can now be increased to as much as $1,200 per year per participant, and WHEREAS, the Town Board would like to increase the annual contribution per participating volunteer but do so in a staggered manner in the following way: January 1, 2023 increase to $900 January 1, 2024 increase to $1,000 January 1, 2025 increase to $1,100 January 1, 2026 increase to $1,200, and WHEREAS, an increase in the annual contribution under an existing Service Award Program in the manner described above up to the maximum$1200 is subject to an affirmative vote of at least sixty percent(60%)of the Town Board and a mandatory referendum where the residents of the Town served by these organizations must approve a Proposition authorizing the increase in payments by a majority vote by placement of such Proposition on the ballot of the November 81h 2022 General Election, and WHEREAS, the existing annual cost of the Service Award Program for 2022 will be approximately $94,500, and WHEREAS,the estimated annual cost of the Service Award Program to the Town including the annual administration fee per covered participant will be approximately: 2023 increase to $900—annual cost to the Town$121,500 2024 increase to $1,000 - annual cost to the Town$135,000 2025 increase to $1,100 - annual cost to the Town$148,500 2026 increase to $1,200 - annual cost to the Town$162,000 and WHEREAS, the increase in the estimated cost of the Service Award Program compared to 2022 would range from $27,000 in 2023 to a total increase of$67,500 in 2026, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby increases the annual contribution to the Volunteer Firefighter Service Award Program Plan Document (the "Plan") from $700 to a maximum of$1,200 staggered in the manner described above, subject to an affirmative vote of at REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 792 least sixty percent(60%) of the Town Board and a mandatory referendum at the November 8, 2022 General Election, and BE IT FURTHER RESOLVED,the Plan be amended as follows: D. Section 11 of the Plan, entitled "Annual Service Award", is amended as follows: (i) Subparagraph(a) and (b) shall be replaced entirely with: (a) $400 for each year of Service Credit earned during Program Years beginning before January 1, 2007, including Prior Service Credit. (b) $700 for each year of Service Credit earned during the Program Years beginning January 1, 2007 to January 1, 2022. (c) $900 for each year of Service Credit earned during the Program Year beginning on or after January 1, 2023. (d) $1000 for each year of Service Credit earned during the Program Year beginning on or after January 1, 2024 (e) $1,100 for each year of Service Credit earned during the Program Year beginning on or after January 1, 2025; and (f) $1,200 for each year of Service Credit earned during a Program Year beginning on or after January 1, 2026. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and Town Counsel to prepare a Proposition relating to this Resolution to be placed on the November 8, 2022 election ballot for the voters' approval or disapproval and the Town Clerk, with the advice of Town Counsel,to prepare an Abstract of the Proposition, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes a Proposition substantially in the form of the following Proposition pertaining to the increase in the annual Service Award contribution for the Town of Queensbury's Volunteer Firefighters: INCREASE IN MAXIMUM SERVICE AWARD CONTRIBUTION The Town of Queensbury proposes to increase the annual Service Award contribution for a participating Volunteer Firefighter from $700 per year per REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 793 participant to the maximum of$1,200 per year per participant, in accordance with the bill signed into law on November 8,2019 by former Governor Andrew M. Cuomo, to be effective prospectively if approved by a majority of the residents of the Town of Queensbury as follows: January 1, 2023 increase to $900 January 1, 2024 increase to $1,000 January 1, 2025 increase to $1,100 January 1, 2026 increase to $1,200 The current annual estimated cost to the Town of this Program at its current contribution is $94,500. The annual estimated cost to the Town is as follows: 2023 increase to $900—annual cost to the Town$121,500 2024 increase to $1,000-annual cost to the Town $135,000 2025 increase to $1,100-annual cost to the Town $148,500 2026 increase to $1,200-annual cost to the Town $162,000; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Queensbury Town Clerk to transmit a certified copy of this Resolution along with the Propositions and Abstracts to the Warren County Board of Elections or other appropriate officials so that the Propositions will be placed on the November 8, 2022 election ballot in all the voting locations in the Town of Queensbury. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION TO AMEND THE TOWN OF QUEENSBURY'S VOLUNTEER AMBULANCE WORKERS SERVICE AWARD PROGRAM AND ADOPTION AGREEMENTS RESOLUTION NO.: 261,2022 INTRODUCED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 794 WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board previously established a defined contribution Volunteer Ambulance Workers Service Award Program (the "Service Award Program") and executed Adoption Agreements for Service Award Programs for Volunteer Ambulance Workers for the West Glens Falls Emergency Squad, the Bay Ridge Rescue Squad and the North Queensbury Rescue Squad, each dated November 22, 1996 (together, the "Adoption Agreements"), and WHEREAS, the Town's current Service Award Program provides for a contribution of $700 per year for each participating volunteer, and WHEREAS, on November 8, 2019, former Governor Andrew M. Cuomo signed into law a bill increasing the maximum Service Awards able to be paid to Volunteer Firefighters and Volunteer Ambulance Workers to $1,200 per year for each participating volunteer, and WHEREAS, the Town wants to increase the annual contribution from the existing $700 to a maximum of$1,200 by the year 2026, and WHEREAS, the Town Board would like to increase the annual contribution per participating volunteer but do so in a staggered manner in the following way: January 1, 2023 increase to $900 January 1, 2024 increase to $1,000 January 1, 2025 increase to $1,100 January 1, 2026 increase to $1,200, and WHEREAS, an increase in the annual contribution under an existing Service Award Program in the manner described above up to the maximum $1,200 must be approved by an affirmative vote of at least sixty percent(60%)of the governing board and is subject to a mandatory referendum where the residents of the Town served by these organizations must approve a Proposition authorizing the increase in payments by a majority by placement of such Proposition on the ballot of the November 8, 2022 General Election, and WHEREAS, the existing annual cost of the Service Award Program for 2022 will be approximately $37,800, and WHEREAS, the estimated annual cost of the Service Award Program including the annual administration fee per covered participant will be approximately: 2023 increase to $900—annual cost$48,600 2024 increase to $1,000- annual cost$54,000 2025 increase to $1,100- annual cost$59,400 REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 795 2026 increase to $1,200- annual cost$64,800 and WHEREAS, the increase in the estimated cost of the Service Award Program compared to 2022 would range from $10,800 in 2023 to a total increase of$27,000 in 2026, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes the following changes to the Adoption Agreements, subject to approval by an affirmative vote of at least sixty percent (60%) of the governing board and subject to a mandatory referendum at the November 8, 2022 General Election and subject to any required approval by the New York State Comptroller: A. The Adoption Agreements are amended to include: a. $900 as the Regular Contribution Amount in the year 2023. b. $1,000 as the Regular Contribution Amount in the year 2024 c. $1,100 as the Regular Contribution Amount in the year 2025 d. $1,200 as the Regular Contribution Amount in the year 2026 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and Town Counsel to prepare a Proposition relating to this Resolution to be placed on the November 8, 2022 election ballot for the voters' approval or disapproval and the Town Clerk, with the advice of Town Counsel,to prepare an abstract of the Proposition, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes a Proposition substantially in the form of the following Proposition pertaining to the increase in the annual Service Award contribution for the Town of Queensbury's Volunteer Ambulance Workers: INCREASE IN MAXIMUM SERVICE AWARD CONTRIBUTION The Town of Queensbury proposes to increase the annual Service Award contribution for a participating Emergency Medical Service Volunteer from $700 per year to the maximum of $1,200 per year per participant, in accordance with the bill signed into law on November 8, 2019 by former Governor Andrew M. Cuomo, to be effective prospectively if approved by a majority of the residents of the Town of Queensbury as follows: January 1, 2023 increase to $900 REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 796 January 1, 2024 increase to $1,000 January 1, 2025 increase to $1,100 January 1, 2026 increase to $1,200 The current annual estimated cost to the Town of this Program at its current contribution is $37,800. The annual estimated cost to the Town is as follows: 2023 increase to $900—annual cost to the Town$48,600 2024 increase to $1,000-annual cost to the Town $54,000 2025 increase to $1,100-annual cost to the Town $59,400 2026 increase to $1,200-annual cost to the Town $64,800; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Queensbury Town Clerk to transmit a certified copy of this Town Board Resolution along with the Propositions and Abstracts to the Warren County Board of Elections or other appropriate officials so that the propositions will be placed on the November 8, 2022 election ballot in all the voting locations in the Town of Queensbury. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPROVING AND RATIFYING MEMORANDUM OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY UNIT OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) REGARDING PROVISION OF T-SHIRTS & SNOW JACKETS RESOLUTION NO.: 262, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 797 WHEREAS, the Town of Queensbury (Town) have entered into a Collective Bargaining Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA)regarding employment of the employees in the Town's CSEA Bargaining Unit for the period from January 1, 2020 through December 31, 2023, and WHEREAS, the Town and the CSEA negotiated terms regarding the provision of upgraded t-shirts annually and one snow jacket every two years to certain Bargaining Unit employees as set forth in a Memorandum of Agreement signed by CSEA on 6/22/22 in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, affirms and ratifies the terms of the Memorandum of Agreement between the Town of Queensbury and Town of Queensbury Unit of the Civil Service Employees Association, Inc. regarding the provision of upgraded t-shirts annually and one snow jacket every two years to certain Bargaining Unit employees signed by CSEA on 6/22/22 in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Memorandum of Agreement and/or any other documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY PURCHASE OF SODA ASH FROM ASTRO CHEMICAL, INC. RESOLUTION NO.: 263, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 798 WHEREAS, the Town of Queensbury's Water Superintendent advised that the Town's current contract carrier for soda ash needed for use by the Town Water Department was unable to deliver it in time resulting in the Water Department having to purchase it on an emergency basis, and WHEREAS, the Water Superintendent therefore arranged for Astro Chemical, Inc., to provide the soda ash as soon as possible and on an emergency basis for public health and safety reasons as time would not allow for the receipt of bids, and WHEREAS, the Town Board hereby determines that such purchase of soda ash constituted an emergency procurement needed to best serve the Town's residents and such purchase needed to be completed immediately to protect public health and safety, NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described purchase of soda ash, the Queensbury Town Board hereby waives its requirement under General Municipal Law §103 and the Town of Queensbury's Purchasing Policy and authorizes, confirms and ratifies the Town Water Superintendent's purchase of soda ash from Astro Chemical, Inc., as such emergency purchase was needed to maintain public health and safety to best serve the Town's residents and should have been made as soon as possible, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment for such purchase not to exceed a total amount of$11,000 from Account No.: 040-8320-4350, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Water Superintendent and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 06282022 REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 799 RESOLUTION NO.: 264, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 06282022 with a run date of 06/23/2022 and a payment date of 06/28/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 06282022 with a run date of 06/23/2022 and a payment date of 06/28/2022 totaling $814,198.81, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES RESOLUTION NO.: 265, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by previous Resolution, the Queensbury Town Board authorized the Acting Director of Building and Codes Enforcement's (Acting Director) engagement of the monthly lawn mowing and/or one-time property clean-up services of Cheap Pete's Lawn Care for certain properties in the Town of Queensbury in a state of serious neglect, and REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 800 WHEREAS, the Acting Director has advised the Town Board of two (2) such similar, additional properties located at: 1. 29 Fox Hollow Lane; 2. 649 Corinth Road; 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 two quotes dated 6/23/2022 (one for each property) in the total amount of$155 per month with such work to commence on or about June 281', 2022 for a period of five (5) months for a total amount not to exceed $775 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 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$155 per month for the properties described in the preambles of this Resolution commencing on or about June 28 h for a period of five (5) months for a total amount REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 801 not to exceed $775, 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$775 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 27 h day of June, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None 5.0 CORRESPONDENCE-NONE 6.0 PRIVILEGE OF FLOOR(LIMIT—4 MINUTES) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1)—Nothing to Report COUNCILMAN FREER(WARD II) • Thanked Jackie White for all her help with the Short-Term Rental updates, she was very cooperative. • Referred to the July 3rd concert in the Park with fireworks that we helped pay for so I REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 802 hope to see everybody there. COUNCILMAN FERONE(WARD II1) • Applaud the support of the Board for the Fire and EMS volunteers, it means a great deal to them and helps to attract more volunteers. • Wish everyone a Happy 4�h of July. COUNCILMAN MCNULTY(WARD IV) • Requesting to have Storedtech present at meetings like this, at least to get the meeting started to make sure everything is working. We are a Professional Board and I think we need to project that to the Community. • Reminder that tomorrow is primary day for a lot of different important positions across the State. Noted the two primary dates tomorrow and then August 28 h. Please get out the vote, it's through the primaries that you get to pick your candidates, office holders. SUPERVISOR STROUGH • Announced that Bay Road near Quaker Road is to close July I Ph for a bridge replacement. Warren County DPW is advising motorists of a planned closure of a portion of Bay Road. This is not the portion that is closed now, this is another one. The bridge going over Halfway Brook is being replaced. You will not be able to get to Lowe's from Quaker Road using Bay Road. You will have to get to Lowe's and other enterprises along Bay Road including SUNY Adirondack other ways at least for the summer. We're expected to have everything back online by the end of August, an August 28 h target date. • Announced the culvert just north of the Bay Ridge Fire House is still in need of replacement so Bay Road is kind of a mess right now. • As the Town is a member of the Lake George Regional Chamber of Commerce,read the following: On behalf of Lake George business community we send our heartfelt sympathies to the grieving families of those that were involved in the crash that tragically took the lives of Mr. Persons and Quinton Delgotio. Our communities grieves with the families and friends during this sad and challenging time. We are thankful for the first responders who attended to the scene and the families and community members who will continue to hold the hearts and hands of everyone grieving the loss of this terrible accident, sincerely Gina Mintzer. • Announced Hazardous Waste being held Saturday, August 13'h at the Queensbury Highway Department and this includes latex paint. They ask that you go to the Warren County website and give them an idea of what you are bringing so they can prepare. They will not accept: munitions, automotive oil, batteries, asbestos,pharmaceuticals, infectious waste or tires. They will take: antifreeze, latex paint, oil paint, pesticides, household cleaners, fluorescent light bulbs, no cost. COUNCILMAN FREER- Regarding the construction at Bay Road and Quaker Road, it was agreed to handle now rather than during the school year. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 266,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 06-27-2022,MTG918 803 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 27 h day of June, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER, RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I