Loading...
09-12-2022 MTG #26 Regular Town Board Meeting, 09-12-2022, MTG 926 76 REGULAR TOWN BOARD MEETING MTG #26 September 12, 2022 RES. #316-338 7:01 P.M. BOH #68-72 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN GEORGE FERONE COUNCILMAN HARRISON FREER TOWN BOARD MEMBERS ABSENT COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL BRIAN REICHENBACH, 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.: 316, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 121h day of September, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF SEAN CHANT RESOLUTION NO.: BOH 68,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 09-12-2022, MTG 926 77 WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Sean Chant has applied to the Local Board of Health for a variance from Chapter 136 to install an Enhanced Treatment Unit (ETU) septic leaching system as part of a replacement onsite wastewater treatment system(OSWTS)approximately 50' from the existing well in lieu of the required 100' setback on property located at 22 North Lane in the Town of Queensbury, and WHEREAS,by Local Board of Health Resolution No.:BOH 16,2011,a variance was granted to the prior property owner to install an absorption field 0' from a watercourse (wet area) in lieu of the required 100' setback as part of the prior owner's plan to replace the OSWTS, a permit was issued to construct the system,and an Agreement was entered into with the Adirondack Park Agency(APA) to implement the plan; however, the permit expired and therefore the Applicant is also applying for written Town approval for the variance to install the replacement OSWTS design previously authorized by Resolution No.: BOH 16, 2011, i.e., to locate and install the OSWTS/absorption field 0' from a watercourse(wet area) or within the wetland as a replacement area cannot be provided, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Sean Chant's sewage disposal variance application concerning property located at 22 North Lane in the Town of Queensbury (Tax Map No.: 226.19-1-60) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JEFFREY HOLDEN Regular Town Board Meeting, 09-12-2022, MTG 926 78 RESOLUTION NO.: BOH 69,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Jeffrey Holden has applied to the Local Board of Health for variances from Chapter 136 to install a wastewater replacement system with the: 1. Absorption field to be located 68' from Lake George in lieu of the required 100' setback; 2. ETU Tank to be located 8' from the foundation in lieu of the required 10' setback; and 3. Absorption field to be located 10' from the foundation in lieu of the required 20' setback; on property located at 256 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jeffrey Holden's sewage disposal variance application concerning property located at 256 Cleverdale Road in the Town of Queensbury (Tax Map No.: 227.13-2-6) 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 12'h day of September, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 09-12-2022, MTG 926 79 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CAROLE HUNT RESOLUTION NO.: BOH 70,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS,Carole Hunt has applied to the Local Board of Health for variances from Chapter 136 to install a wastewater replacement system with the: 1. Absorption field to be located 68' from the well in lieu of the required 100' setback; 2. Absorption field to be located 3' from the property line in lieu of the required 10' setback; 3. Absorption field to be located 19' from the foundation in lieu of the required 20' setback; and 4. ETU Tank to be located 7' from the foundation in lieu of the required 10' setback; on property located at 15 Sunset Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Carole Hunt's sewage disposal variance application concerning property located at 15 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-2-6) 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 12'h day of September, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 09-12-2022, MTG 926 80 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF GORDON DINEEN RESOLUTION NO.: BOH 71,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Gordon Dineen (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicant wishes to install a holding tank system consisting of two (2) 1,250 gallon capacity precast concrete holding tanks for a total capacity of 2,500 gallons in lieu of the required total capacity of 3,500 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of the holding tank system: 1. 5' from the east property line instead of the required 10' setback; 2. 2' from the south property line instead of the required 10' setback; 3. 28.5' from the neighboring well instead of the required 50' setback; 4. 2'5"between the sewer force main and the south property line instead of the required 10' setback; and 5. 8' from the owner's well instead of the required 50' setback; on property located at 51 Fitzgerald Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,to consider Gordon Dineen's sewage disposal variance application concerning property located at 51 Fitzgerald Road in the Town of Queensbury and bearing Tax Map No.: 289.14-1-2 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 Regular Town Board Meeting, 09-12-2022, MTG 926 81 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 12'h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: Mr. McNulty RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 72,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 12'h day of September, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty 2.0 PUBLIC HEARINGS 2.1 Public Hearing — Proposed Renewal of Franchise Agreement Between Town of Queensbury and Spectrum Northeast, LLC, and indirect Subsidiary of Charter Communications, Inc. PUBLICATION DATE: August 26, 2022 and September 2, 2022 SUPERVISOR STROUGH reviewed the proposed application. I'll open the public hearing and before any members of the public speak I'll give the Town Board the first opportunity. Okay, any member of the public? Oh what am I going to do without Tim? COUNCILMAN FERONE-You want to know if somebody's on John and no there is not. SUPERVISOR STROUGH-Okay. Nobody's interested in the TV, Cable TV Franchise Agreement. COUNCILMAN FREER- Well I think John you've done a lot of work to put this together that I'd like to recognize for sure and I appreciate that. COUNCILMAN METIVIER-A lot of work. COUNCILMAN FREER-So it's not that we're not interested, it's that you know we're aware of all the hard work that you've put into it. Regular Town Board Meeting, 09-12-2022, MTG 926 82 SUPERVISOR STROUGH-That's not something everybody would desire to be is an expert on TV Franchise Agreements. TOWN COUNSEL BRIAN REICHENBACH-I offered, you turned me down. SUPERVISOR STROUGH-In case you ever have questions on that Brian. Brian is our Legal Counsel, Brian Reichenbach. Okay, I'll close the public hearing and we'll take a vote on authorizing the renewal of the Franchise Agreement between the Town of Queensbury and Spectrum. CLOSED PUBLIC HEARING RESOLUTION AUTHORIZING RENEWAL OF FRANCHISE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, INC. RESOLUTION NO.: 317, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Spectrum Northeast,LLC, an indirect subsidiary of Charter Communications, Inc., a limited liability company organized and existing in good standing under the laws of the State of Delaware and doing business at 20 Century Hill Drive, Latham, New York 12110, has applied under the provisions of federal law to the Town of Queensbury for the approval of a Renewal Agreement for Charter's cable television franchise for 15 years commencing with the date of approval by the Public Service Commission, and WHEREAS, the Town and Spectrum Northeast, LLC negotiated the terms of a 2022 Franchise Renewal Agreement and Spectrum Northeast, LLC presented the Town with a proposed 2022 Franchise Renewal Agreement which complies with New York State Public Service Commission standards, and WHEREAS, the 2022 Franchise Renewal Agreement would bring the Franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings, and WHEREAS, the Town Board scheduled a Public Hearing concerning such proposed Franchise Renewal Agreement, Notice of such Public Hearing was published in the Post Star Newspaper on August 26 h and September 2nd, 2022 and on Monday, September 12d', 2022, the Town Board duly held such public hearing and heard all interested persons, and WHEREAS, the Town Board wishes to authorize such Franchise Renewal Agreement NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-12-2022, MTG 926 83 RESOLVED,that the Queensbury Town Board hereby finds that: 1. Spectrum Northeast, LLC has substantially complied with the material terms and conditions of its existing Franchise and applicable law; 2. Spectrum Northeast, LLC has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal; 3. Spectrum Northeast, LLC can reasonably meet the future cable-related community needs and interests,taking into account the cost of meeting such needs and interests; and BE IT FURTHER, RESOLVED,that the Queensbury Town Board hereby grants the Cable Television Franchise of Spectrum Northeast, LLC and the Town of Queensbury for fifteen (15) years commencing with the date of approval by the Public Service Commission and expiring fifteen(15)years hence, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes, directs and confirms acceptance of the 2022 Franchise Renewal Agreement between the Town and Spectrum Northeast, LLC substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to sign such Agreement and any other needed documentation, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Clerk and/or Town Counsel to take such other and further actions necessary to effectuate all terms of this Resolution. Duly adopted this 121h day of September, 2022 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: Mr. McNulty 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT — 3 MINUTES) Regular Town Board Meeting, 09-12-2022, MTG 926 84 NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING PARTICIPATION AGREEMENT BETWEEN TOWN OF QUEENSBURY AND JP MORGAN CHASE BANK, N.A. REGARDING ISSUANCE OF PURCHASING SERVICES RESOLUTION NO.: 318, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 431, 2014, the Queensbury Town Board authorized a Participation Agreement with Citibank, N.A., regarding the issuance of purchasing services, such services being at no cost to the Town of Queensbury, and WHEREAS, the New York State Contract for credit cards has been awarded to JP Morgan Chase Bank, N.A., and therefore, the Town Board believes it to be in the public interest to authorize such a Participation Agreement with JP Morgan Chase Bank, N.A., and WHEREAS, a proposed Participation Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a Participation Agreement between the Town of Queensbury and JP Morgan Chase Bank, N.A., regarding the issuance of purchasing services, such Participation Agreement substantially in the form presented at this meeting and/or to be in form acceptable to Town Counsel and/or the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Participation Agreement and any other necessary documentation and authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 09-12-2022, MTG 926 85 RESOLUTION AUTHORIZING REAPPOINTMENT OF BRIAN DREITLEIN AS MEMBER OF TOWN CEMETERY COMMISSION RESOLUTION NO.: 319, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the term of Cemetery Commission member Brian Dreitlein expired as of June 30th, 2022 and the Town Board wishes to authorize and ratify the reappointment of Mr. Dreitlein to the Commission for a new two (2)year term commencing as of July 1st, 2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the reappointment of Brian Dreitlein as a member of the Town of Queensbury Cemetery Commission to serve a new two (2)year term commencing as of July 1st, 2022 through June 30th, 2024. Duly adopted this 12th day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING REAPPOINTMENT OF BRIAN WILLIAMS AS MEMBER OF TOWN CEMETERY COMMISSION RESOLUTION NO.: 320, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the term of Cemetery Commission member Brian Williams expired as of June 30th, 2022 and the Town Board wishes to authorize and ratify the reappointment of Mr. Williams to the Commission for a new three(3)year term commencing as of July 1st, 2022, Regular Town Board Meeting, 09-12-2022, MTG 926 86 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the reappointment of Brian William as a member of the Town of Queensbury Cemetery Commission to serve a new three(3)year term commencing as of July 1", 2022 through June 30'', 2025. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2023 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 321, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2023 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2023 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 09-12-2022, MTG 926 87 RESOLUTION SETTING PUBLIC HEARING ON 2023 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 322, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2023 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2023 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2023 NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT - DUNHAM'S BAY-BENEFIT TAX ROLL RESOLUTION NO.: 323, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2023 North Queensbury Wastewater Disposal District—Dunham's Bay-Benefit Tax Regular Town Board Meeting, 09-12-2022, MTG 926 88 Roll as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2023 North Queensbury Wastewater Disposal District—Dunham's Bay Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING HIRING OF TYLER PRESTON AS FULL-TIME LABORER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 324, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that there is a vacancy in a full-time Laborer position in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and has made a hiring recommendation to the Town Board to hire Tyler Preston, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Tyler Preston as a full-time Laborer in the Town's Highway Department effective on or about September 13'', 2022 subject to Mr. Preston's successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, Regular Town Board Meeting, 09-12-2022, MTG 926 89 and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED,that Mr. Preston shall be paid at the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor, Town Highway 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 12'h day of September, 2022 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _OF 2022 AUTHORIZING A PROPERTY TAX LEVY IN EXCESS OF LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C RESOLUTION NO.: 325, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to consider a Local Law allowing the Town to adopt a budget for the fiscal year commencing 2023 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c, and WHEREAS, such proposed Local Law No. of 2022 has been prepared and is presented at this meeting, and WHEREAS, in accordance with Municipal Home Rule Law Section 20, the Town Board wishes to schedule a Public Hearing to hear all interested persons and consider the Local Law, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-12-2022, MTG 926 90 RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday, October 3rd 2022 to consider proposed Local Law No.: of 2022 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No.: of 2022, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and post a Notice of the Public Hearing concerning proposed Local Law No.: of 2022 in the manner provided by law. Duly adopted this 12d'day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2023 GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 326, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2023 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, which Tax Roll is on file with the Town Clerk's Office, on the Town's website and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2023 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk Regular Town Board Meeting, 09-12-2022, MTG 926 91 to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2023 RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 327, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2023 Reservoir Park Sanitary Sewer District Benefit Tax Roll,which Tax Roll is on file with the Town Clerk's Office, on the Town's website and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2023 Reservoir Park Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 09-12-2022, MTG 926 92 RESOLUTION SETTING PUBLIC HEARING ON 2023 SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 328, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2023 South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, which Tax Roll is on file with the Town Clerk's Office, on the Town's website and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 26 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2023 South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING PROMOTION OF JOSEPH QUINTAL FROM WATER MAINTENANCE WORKER II TO ASSISTANT WATER MAINTENANCE SUPERVISOR AT TOWN WATER TREATMENT PLANT RESOLUTION NO.: 329, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 09-12-2022, MTG 926 93 WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has recommended that the Town Board authorize the promotion of Joseph Quintal from Water Maintenance Worker 11 to Assistant Water Maintenance Supervisor at the Town Water Treatment Plant on a provisional basis until such time that Mr. Quintal places successfully on the Civil Service Exam for the position, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Joseph Quintal from Water Maintenance Worker 11 to Assistant Water Maintenance Supervisor at the Town Water Treatment Plant effective on or about September 13'', 2022 on a provisional basis until such time that Mr. Quintal places successfully on the Civil Service Exam for the position, at the rate of pay specified in the Town's CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 12'h day of September, 2022 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ASSISTANT WATER MAINTENANCE SUPERVISOR TO USE TOWN VEHICLE FOR TRAVEL BETWEEN TOWN JOB SITE AND PERSONAL RESIDENCE TO RESPOND TO EMERGENCY SITUATIONS RESOLUTION NO.: 330, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION Regular Town Board Meeting, 09-12-2022, MTG 926 94 SECONDED BY: Mr. Harrison Freer WHEREAS, Town of Queensbury Employee Handbook §1008 entitled "Vehicle Usage and Travel Reimbursement" states that in situations where an employee's official duties require him/her to be on call and available at times other than the normal work day the Town Board may adopt a Resolution authorizing the Town employee to use a Town vehicle for travel between his/her official domicile and job site in order to ensure rapid response in emergency situations, and WHEREAS, the Town's Water Superintendent/Wastewater Director has advised the Town Board that as part of the Assistant Water Maintenance Supervisor's job duties, he responds to emergency water situations within the Town during evening and weekend hours, and WHEREAS,the Town Board wishes to adopt a Resolution authorizing Joseph Quintal, Town Assistant Water Maintenance Supervisor,to use a Town vehicle for travel between his residence and Town job site so that he may expediently respond to emergency water situations during non-business hours, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Joseph Quintal, Town Assistant Water Maintenance Supervisor,to use a Town vehicle between his residence and Town job site so that he may expediently respond to emergency water situations during evenings and weekends, in accordance with and as expressly set forth in the Town of Queensbury Employee Handbook§1008 entitled"Vehicle Usage and Travel Reimbursement,"and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to take such actions necessary to effectuate the terms of this Resolution. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 331,2022 Regular Town Board Meeting, 09-12-2022, MTG 926 95 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 Chapman Museum in an amount not to exceed $10,200 with occupancy tax revenues received from Warren County and accordingly enter into a 2022 Agreement with the Chapman Museum for the promotion of exhibits, performances and events to Town and area residents and visitors, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between the Town and the Chapman Museum and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, with funding for the Agreement not to exceed $10,200 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $10,200; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $10,200; 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, 09-12-2022, MTG 926 96 Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST MOUNTAIN SCHOOL RESOLUT ION NO.: 332,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 West Mountain School in an amount not to exceed $10,000 with occupancy tax revenues received from Warren County and accordingly enter into a 2022 Agreement with the West Mountain School toward the hosting of International FIS races and ski racing events at West Mountain, which events are expected to draw hundreds of people from outside the region to Queensbury and the 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, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between the Town and the West Mountain School and authorizes and directs the Town Supervisor to execute the Agreement in substantially in the form presented at this meeting, with funding for the Agreement not to exceed $10,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, Regular Town Board Meeting, 09-12-2022, MTG 926 97 RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $10,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $10,000; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO. OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO ADD GOLF COURSE AS A PERMITTED USE IN THE RR-3A ZONING DISTRICT AND TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.: 290.5-1-50.1 & 290.6-1-11 OWNED BY PAR 27, LLC RESOLUTION NO.: 333, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,Par 27,LLC(Par 27) submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about May 11, 2021 to allow for a change of zoning district designation for parcels identified as Tax Map Nos: 290.5-1-50.1 and 290.6-1-11 from Moderate Density Residential(MDR)to Rural Residential 3 Acre(RR-3A), and WHERES, by the same application Par 27 has also requested the addition of golf course as a permitted use in the Rural Residential 3 Acre(RR-3A)zoning district, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022 to (1) change the zoning district designation for parcels identified as 290.5-1-50.1 and 290.6-1-11 from Moderate Density Residential(MDR)to Rural Residential 3 Acre(RR-3A) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with Regular Town Board Meeting, 09-12-2022, MTG 926 98 the Zoning Code (collectively, the "proposed zoning revisions"), and (2) Amend Town Code Chapter 179, Table 2: Summary of Allowed Uses in Residential Districts to allow golf course and/or country clubs as permitted in the Rural Residential zoning districts by Site Plan Review approval, and WHEREAS,the Town Board,by Resolution No.: 210, 2022,referred the application to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of August 25, 2022, the Planning Board accepted SEQRA Lead Agency status and issued a Negative Declaration, and WHEREAS, at the same meeting, the Planning Board also issued a favorable recommendation on the proposed zoning change, and WHEREAS, the Town Board, by Resolution No.: 210, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on May 31, 2022 the Town received a recommendation from the Warren County Planning Department to approve the proposed zoning changes, and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed Zoning Code amendments prior to adoption, and WHEREAS, the Town of Queensbury proposed amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED,that the Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, September 26 h, 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of "Local Law No.: of 2022 A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map,"and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to Regular Town Board Meeting, 09-12-2022, MTG 926 99 forward copies of the proposed Zoning Code amendments to the Adirondack Park Agency for its review and approval in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2022. Duly adopted this 121h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT GARDEN WORLD ASSOCIATES LLC'S PETITION FOR CHANGE OF ZONE TO QUEENSBURY PLANNING BOARD Regular Town Board Meeting, 09-12-2022, MTG 926 100 RESOLUTION NO.: 334, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Garden World Associates, LLC (GWA) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 7, 2022 to allow for a change of zoning district designation for a parcel identified as Tax Map No: 302.5-1-49 from Moderate Density Residential (MDR) to Commercial Intensive (CI), and WHEREAS, GWA has also submitted an application to the Planning Board for Site Plan Review approval to construct a new parking area on said parcel to support the adjacent business, and WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals regarding permeability requirements of the proposed development of the subject lot in consolidation with the adjacent business, and WHEREAS, the application has been reviewed by the Town's Senior Planner and deemed complete for purposes of review, and WHEREAS, applications for zoning changes are subject to Warren County Planning Department review in accordance with New York State General Municipal Law §239-m, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board will review the application and take such other actions as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA) for potential environmental effects, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board seek Lead Agency status for SEQRA review of the proposed zoning change, Site Plan Review and zoning variance approvals requested by GWA as delineated in the preambles of this Regular Town Board Meeting, 09-12-2022, MTG 926 101 Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward GWA's application received by the Town Clerk's Office on or about September 7, 2022 to the Queensbury Planning Board for review, report and recommendation on the proposed zoning change, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit the application to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 12'h day of September, 2022 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING DONATION OF SICK TIME TO EMPLOYEE IN TOWN CLERK'S OFFICE RESOLUTION NO.: 335,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Clerk has advised that the spouse of one of the employees in the Town Clerk's Office(Employee), has been diagnosed with a serious health issue, and WHEREAS, the Employee is expected to exhaust all paid leave available to him/her, Regular Town Board Meeting, 09-12-2022, MTG 926 102 including all sick leave, to care for the Employee's seriously ill spouse, and WHEREAS, certain fellow employees have expressed the desire to donate a portion of their accumulated sick leave time to the Employee to assist him/her during this time of family illness, and WHEREAS, the Town Board wishes to allow such donation of sick leave time, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the donation of sick leave time by Town of Queensbury non-bargaining unit Town employees to assist the Town Clerk's Office Employee during the Employee's time of serious family illness, and BE IT FURTHER, RESOLVED, that any non-bargaining unit Town employee having more than 40 hours of accumulated sick leave may voluntarily donate any hours above 40 hours, in two (2) hour increments, as directed by the employee provided that the donating employee signs an acknowledgement of the donation and recognizes that once donated the sick leave hours cannot be restored under any circumstances, and BE IT FURTHER, RESOLVED, that the Employee may use the donated sick leave under the same terms and conditions as earned sick leave, except that there may not be any payout of unused donated sick leave under any circumstances, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING HIRING OF KIM SMITH AS PART-TIME CLERK IN THE OFFICE OF Regular Town Board Meeting, 09-12-2022, MTG 926 103 THE RECEIVER OF TAXES AND ASSESSMENTS RESOLUTION NO.: 336, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Caroline H. Barber,RMC,the Town of Queensbury's Town Clerk and Receiver of Taxes and Assessments, has requested Town Board authorization to hire Kim Smith, the Town's former 1st Deputy Receiver of Taxes and Assessments, as a part-time Clerk in the Office of Receiver of Taxes and Assessments, and WHEREAS,the Town Board wishes to authorize this request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kim Smith as a part-time Clerk in the Office of Receiver of Taxes and Assessments at the pay rate of $30 per hour and not exceeding 20 hours per week, effective on or about September 13, 2022, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and Receiver of Taxes and Assessments, Town Supervisor and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 12th day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS: 09012022 AND 09132022 RESOLUTION NO.: 337, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 09-12-2022, MTG 926 104 WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented as Warrants: 09012022 and 09132022 with run dates of 09/01/2022 and 09/08/2022 and payment dates of 09/01/2022 and 09/13/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves two (2) audits of bills presented as Warrants: 09012022 and 09132022 with run dates of 09/01/2022 and 09/08/2022 and payment dates of 09/01/2022 and 09/13/2022 totaling $421,879.19 and $575,974.37, respectively, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 12'h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT : Mr. McNulty 5.0 CORRESPONDENCE DEPUTY TOWN CLERK MURPHY-Noted that the Supervisor's Monthly Report from Community Development for August, 2022 and correspondence from Richard Cipperly, and Brent and Cheryl Humphrey in reference to Jenkinsville water was received and are on file in the Town Clerk's Office. 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) ARTHUR YANNOTTI, 4 Centennial Drive spoke regarding recent incident with a neighbor's fence and what is permitted under Town Code with respect to front yard fence height. Noted the neighbor had put up a fence in the front yard along the property line that was six feet in height. He inquired and John O'Brien, Director of Building and Codes furnished him with a copy of the Informational Brochure Number Three which shows fences cannot be more than four feet in height and this conforms to Town Code. Mr. Craig Brown and Bruce Frank did a site visit and Mr. Brown stated that the brochure is outdated and contends that this is allowable up to the front yard setback. Noted that there is no language in the Town Code that permits that and requested that the Supervisor direct Mr. Brown to enforce the Town Code as it's written. SUPERVISOR STROUGH discussed his understanding of Town Code and noted that he will look into the issue. COUNCILMAN FREER thanked Mr. Yannotti for his comments. Noted that side fences are something that needs to be addressed further in the Comprehensive Land Use. SUPERVISOR STROUGH noted that the Town is in the initial stages of renewing our Community Plan and this is something that needs to be addressed. Regular Town Board Meeting, 09-12-2022, MTG 926 105 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE(WARD III) • Requested public to continue caution about speeding on Town roads. Reported that the Town is working on this issue and that the Highway Department has been very involved in the efforts as well. Mentioned that radar signs are being put up throughout the Town. COUNCILMAN FREER(WARD II) • Announced that the EAA Young Eagles Day will be in progress and anyone interested in aviation should come out to get a free flight at the Glens Falls Airport on 10/1/2022,rain date 10/2/2022, from 9a-2p. • Supervisor Strough, Stuart Baker and myself had discussions today with respect to the Marijuana Law and we're working on getting a draft out for the public. We are trying to deal with it proactively. • Reported that we will be having a work shop with the Granicus guys about the software to help with code enforcement of Short Term Rentals. Noted there have been few complaints this summer and that there has been positive feedback with the new law in place. • Reported that the Town is exploring how to purchase our street lights from National Grid. We are trying to determine the process and best deal for the Town, there are some savings there. New York now allows municipalities to purchase street lights from the utility. We will have something in the near future to propose to get feedback but it's a work in progress. COUNCILMAN METIVIER(WARD I)—Nothing to Report SUPERVISOR STROUGH • Reported that the Lake George Mirror recognized Steve Boyer and Tom Sargent, the grass roots people who worked with the Town to develop a municipal sewer system for the Rockhurst Peninsula for 52 Units and noted a six million dollar grant was received to help make it happen. • Announced the upcoming Balloon Festival, one of the largest in the United States and put together entirely by volunteers. • Announced publication that Lake George is mentioned second in a publication of the"7 Most Beautiful Lake Towns in New York". • Announced publication that Lake George is listed "20 Best Places to Visit in Upstate New York"by Travel and Leisure. • Received letter from Cindy Allen,Ann McCullough,Lynn Michaels,Mary Hillard and Maura Fox thanking the Town for pickle ball and changing the tennis courts at Jenkinsville Park to pickle ball courts. • Reported that September is the National Preparedness Month. The Warren County Emergency Services Director, Ann Marie Mason recommends that residents be prepared and have a plan in place. Recommends to sign up to receive alerts from New York Alert, where critical information and emergency alerts in your area can be received. She also recommends ready.gov which offers a calendar with guidance for staying prepared. Read statement by Kevin Geraghty, Chairman of Warren County Board of Supervisors, a 52-year member of the Warrensburg Fire Company pertaining to emergency services and preparedness. Noted the Town does have an emergency plan in place. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 338,2022 INTRODUCED BY: Mr. Harrison Freer Regular Town Board Meeting, 09-12-2022, MTG 926 106 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 12th day of September,2022,by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II