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10-17-2022 MTG #31 Regular Town Board Meeting, 10-17-2022, MTG 931 194 REGULAR TOWN BOARD MEETING MTG #31 October 17, 2022 RES. #376-392 7:00 P.M. BOH #81-86 LL #12-13 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN BOARD MEMBERS ABSENT COUNCILMAN HARRISON FREER - (listening via Zoom not actively participating) TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 376, 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 171h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer 1.1 Public Hearing-Sewage Disposal Variance Application of Lorraine W.Dickinson Trust PUBLICATION DATE: OCTOBER 5,2022 SUPERVISOR STROUGH reviewed the proposed application and requested 11 variances. The agent for the applicant is present and there is a public hearing on this and we did receive an email in support of this proposal from Trisha Lambert Freer. So would you please introduce yourself for the record and then feel free to expand on anything that I said. Regular Town Board Meeting, 10-17-2022, MTG 931 195 TOM HUTCHINS-Certainly, Tom Hutchins, Hutchins Engineers here on behalf of Lorraine Dickinson Trust. Mrs. Dickinson is here tonight also as well as her two sons David and John who are trustees of the Trust. We were there last week,part of the challenge with this property,with addition to proximity to the shoreline is proximity from the property line or the street. The building is 11 feet from that property line and we have a whole lot of equipment and piping to go in that space between the building and the road space. So most of the variances you just heard have to do with setbacks from property lines and the building for, we have the Fuji Clean Advanced Treatment Unit, we have a pump station,we have forced main, and we have building sewer and affluent sewer. We've looked pretty carefully at this site and again we are utilizing the Fuji Clean NSF 40 Advanced Treatment Unit and additionally UV disinfection following that to an absorption bed which is 75 feet from the shoreline. We've maximized that shoreline separation and in doing that we're asking for the separation from the property line as well because we've got the absorption field up to one foot from the property line. In the field,that is reasonable. The road does not encroach on the property line,the property line does not encroach on the road. There's room to install this all as shown and we were there last week. If you have any questions, I'd be happy to address them. With that I turn it over to the Board. SUPERVISOR STROUGH-And the absorption field is the type that has the, it's highway rated? MR. HUTCHINS-It utilizes chambers and the reason we did that in this and the next one is occasionally vehicles get parked off the road on Rockhurst Road that is not necessarily in a designated parking area. This field will, this field is rated to be parked upon. We're going to have turf on both of these fields but on the occasion that a vehicle gets parked on these fields they are designed for it. SUPERVISOR STROUGH-And I understand the applicant has put in the Fuji System and the pump system. Not only is it a good idea but it will also, is in anticipation of the future municipal system or at least community septic system that we're going to try for on Rockhurst. MR. HUTCHINS-And that's been part of the plan that when and if that system comes about and it involves an enhanced treatment that we'll be all ready for that and it will be a matter of retrofitting or upgrading the pump station to connect to a pressure source, which was the last I heard was the plan for that. SUPERVISOR STROUGH-Still the plan. Alright, any questions from the Town Board before I open the public hearing? COUNCILMAN FERONE-No questions. SUPERVISOR STROUGH-Alright so Mr. Hutchins, let me just see if there is any member of the public that wishes to speak and if so I will ask you to sit down and have them come forward. Is there any member of the public here tonight who wishes to speak to this variance request for 113 Rockhurst Road and the Lorraine Dickinson Trust? Seeing nobody here, Tim anybody online? COUNCILMA MCNULTY-Yes but no hand raised,no comments. SUPERVISOR STROUGH-Okay. Alright, and like I said we did receive a letter of support of this from Trisha Lambert Freer who lives adjacent to this proposal. Okay, I'll close the public hearing and entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING LORRAINE W. DICKINSON TRUST'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 81,2022 INTRODUCED BY: Mr. Anthony Metivier Regular Town Board Meeting, 10-17-2022, MTG 931 196 WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Lorraine W. Dickinson Trust(Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement septic system with the: 1. Absorption field to be located 75' from the shoreline in lieu of the required 100' setback; 2. Absorption field to be located 1' from the easterly property line in lieu of the required 10' setback; 3. Fuji Clean ETU to be located 4' from the house in lieu of the required 10' setback; 4. Fuji Clean ETU to be located 2.5' from the property line in lieu of the required 10' setback; 5. Grinder Pump to be located 33.5' from the shoreline in lieu of the required 50' setback; 6. Force Main to be located 34' from the shoreline in lieu of the required 50' setback; 7. Force Main to be located 1.5' from the house in lieu of the required 10' setback; 8. Effluent Sewer to be located 6' from the house in lieu of the required 10' setback; 9. Effluent Sewer to be located 5' from the property line in lieu of the required 10' setback; 10. Effluent Pump Station to be located 3' from the house in lieu of the required 10' setback; and 11. Effluent Pump Station to be located 2' from the property line in lieu of the required 10' setback; on property located at 113 Rockhurst Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, October 17'', 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and Regular Town Board Meeting, 10-17-2022, MTG 931 197 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of the Lorraine W. Dickinson Trust for variances from the Sewage Disposal Ordinance to install a replacement septic system with the: 1. Absorption field to be located 75' from the shoreline in lieu of the required 100' setback; 2. Absorption field to be located 1' from the easterly property line in lieu of the required 10' setback; 3. Fuji Clean ETU to be located 4' from the house in lieu of the required 10' setback; 4. Fuji Clean ETU to be located 2.5' from the property line in lieu of the required 10' setback; 5. Grinder Pump to be located 33.5' from the shoreline in lieu of the required 50' setback; 6. Force Main to be located 34' from the shoreline in lieu of the required 50' setback; 7. Force Main to be located 1.5' from the house in lieu of the required 10' setback; 8. Effluent Sewer to be located 6' from the house in lieu of the required 10' setback; 9. Effluent Sewer to be located 5' from the property line in lieu of the required 10' setback; 10. Effluent Pump Station to be located 3' from the house in lieu of the required 10' setback; and 11. Effluent Pump Station to be located 2' from the property line in lieu of the required 10' setback; on property located at 113 Rockhurst Road in the Town of Queensbury and bearing Tax Map No: 227.9-1-7, and BE IT FURTHER, RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and Regular Town Board Meeting, 10-17-2022, MTG 931 198 BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Freer 1.2 Public Hearing- Sewage Disposal Variance Application of Carl and Michele Weiner PUBLICATION DATE: OCTOBER 5,2022 SUPERVISOR STROUGH-Reviewed the proposed application and requested four variances. We did receive an email from Trisha Lambert Freer in support of her neighbor in doing this. Okay so Mr. Hutchins you want to expand on anything I said here? TOM HUTCHINS-Sure, I will be very brief. This is directly across the street from the last one. Its similar treatment train, it's a little bit less complicated in that were able to utilize gravity more to our advantage in this situation. It doesn't involve pumping. It does involve some more gravity sewer. That gravity sewer is located again between the house and the road which necessitates two of those variances. An NSF 40 enhanced treatment, UV disinfection, and its similar absorption field to what we just described. SUPERVISOR STROUGH-So with the Fuji Clean, did this also include the infrared. MR. HUTCHINS-UV. SUPERVISOR STROUGH-UV. MR. HUTCHINS-Yes. SUPERVISOR STROUGH-Ultraviolet, I mean. And this is also just across the street and set up so that they'll be able to easily manage a connection to hopefully someday the Rockhurst Municipal System. Questions from the Town Board before I open the public hearing? COUNCILMAN FERONE-No questions. COUNCILMAN METIVIER-No. SUPERVISOR STROUGH-Okay, I will open and if you will just hang on there Mr. Hutchins. Is there anybody here tonight that wishes to speak to this application for sanitary sewage disposal variance? Yes, so there is one. So Tom if you will sit down and I may ask you to come back up to help me answer their questions. Yes, sir would you please come forward. ROBERT LAMBERT-I do support it. SUPERVISOR STROUGH-Yes, identify yourself for the record and then MR. LAMBERT-Robert Lambert. Regular Town Board Meeting, 10-17-2022, MTG 931 199 SUPERVISOR STROUGH-Robert Lambert? MR. LAMBERT-Yes, I represent 117 Rockhurst Street and I just wanted to say that our family's in total favor of this application. SUPERVISOR STROUGH-Okay, so you are speaking for the Lambert family? MR. LAMBERT-Yes. SUPERVISOR STROUGH-And they are all in favor of this and you live adjacent to it? MR. LAMBERT-Yes. SUPERVISOR STROUGH-Okay,thank you, so noted. COUNCILMAN MCNULTY-Yes,thank you. SUPERVISOR STROUGH-Any other member of the public wish to speak to this variance application? Do you see anybody online Tim? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Alright, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING CARL AND MICHELE WEINER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 82,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Carl and Michele Weiner (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement septic system with the: 12. Absorption field to be located 63' from the shoreline in lieu of the required 100' setback; 13. Absorption field to be located 1' from the westerly property line in lieu of the required 10' setback; 14. Effluent Sewer Line to be located 4' from the westerly property line in lieu of the required 10' setback; and 15. House Sewer Line to be located 4' from the westerly property line in lieu of the required 10' setback; on property located at 114 Rockhurst Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's Regular Town Board Meeting, 10-17-2022, MTG 931 200 official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, October 17'', 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 3. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Carl and Michele Weiner for variances from the Sewage Disposal Ordinance to install a replacement septic system with the: 1. Absorption field to be located 63' from the shoreline in lieu of the required 100' setback; 2. Absorption field to be located 1' from the westerly property line in lieu of the required 10' setback; 3. Effluent Sewer Line to be located 4' from the westerly property line in lieu of the required 10' setback; and 4. House Sewer Line to be located 4' from the westerly property line in lieu of the required 10' setback; on property located at 114 Rockhurst Road in the Town of Queensbury and bearing Tax Map No: 227.9-1-9, and BE IT FURTHER, RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and Regular Town Board Meeting, 10-17-2022, MTG 931 201 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Freer 1.3 Public Hearing- Sewage Disposal Variance Application of Benjamin Smith PUBLICATION DATE: OCTOBER 7,2022 SUPERVISOR STROUGH-Reviewed the proposed application and requested two variances. There is a letter of support from Donald Pearson and Diane Liebig. So, there is the agent for the applicant present. Would you introduce yourself and then elaborate in describing the system please? TOM CENTER-Evening, Tom Center with Hutchins Engineering, representing Mr. and Mrs. Smith, who are also in attendance this evening. Originally when the Smiths purchased the, this residence they did not realize that the septic system had been relocated by the previous owner to the rear of the property. What it appears to be a small drywell, cesspool at the rear property line. They only became aware of this when their septic system started backing up and they had to have it pumped out by the Sanitary Sewer Service. So, George and I, George Drellos from Sanitary Sewer Service and I did a little investigation and really the only location for a system to maintain the gravity distribution is in the bottom corner where we have this bed located and trying to connect to it in that lower corner. It's a very tight lot, as you can see, no matter what we did on the slope it would've been very difficult. So locating it in that bottom corner allows us to get the minimum amount of materials. We're going to have to access it via National Grid right-of-way to the rear which is something that's going to have to be worked out with, between National Grid and the septic installer. But it works, it's a good location and we can get them back in a septic system again. SUPERVISOR STROUGH-Questions for the applicant's agent before I open the public hearing? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Okay, is there any member of the public who wishes to speak to this variance application tonight? Seeing none. Tim, you see any online? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Alright, I'll close the public hearing and entertain a motion to approve. Regular Town Board Meeting, 10-17-2022, MTG 931 202 PUBLIC HEARING CLOSED RESOLUTION APPROVING BENJAMIN SMITH'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 83,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Benjamin Smith(Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install a replacement septic system with the leaching system to be located: 1. 1' from the rear property line in lieu of the required 10' setback; and 2. 2' from the side property line in lieu of the required 10' setback; on property located at 8 Colonial Court in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, October 17'', 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 5. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 6. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Benjamin Regular Town Board Meeting, 10-17-2022, MTG 931 203 Smith for variances from the Sewage Disposal Ordinance to install a replacement septic system with the leaching system to be located: 1. 1' from the rear property line in lieu of the required 10' setback; and 2. 2' from the side property line in lieu of the required 10' setback; on property located at 8 Colonial Courtin the Town of Queensbury and bearing Tax Map No: 301.12- 2-6. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Ferone NOES None ABSENT: Mr. Freer RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF LINDA SHEARER RESOLUTION NO.: BOH 84,2022 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, Linda Shearer has applied to the Local Board of Health for variances from Chapter 136 to install a new well on property located at 3 Sullivan Place in the Town of Queensbury with the proposed well to be located: 1. 46' from the existing septic tank instead of the required 50' setback; 2. 70' from the absorption field instead of the required 100' setback; and 3. 72'from the absorption field instead of the required 100' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing on Monday, November 7 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Linda Shearer's sewage disposal variance application concerning property located at 3 Sullivan Place, Queensbury (Tax Map No.: 289.9-1-32) and at that time all interested persons will be heard, and Regular Town Board Meeting, 10-17-2022, MTG 931 204 BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500' of the applicant's property as required by law. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF AL WILLIAMS RESOLUTION NO.: BOH 85,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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,Al Williams has applied to the Local Board of Health for variances from Chapter 136 to install a new leach field on property located at 23 Sunset Lane in the Town of Queensbury with such leach field to be located: 1. 3' from the side yard property line instead of the required 10' setback; and 2. 77' from the well instead of the required 100' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing on Monday, November 7 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Al Williams' sewage disposal variance application concerning property located at 23 Sunset Lane, Queensbury (Tax Map No.: 226.19-2-8) and at that time all interested persons will be heard, and BE IT FURTHER, Regular Town Board Meeting, 10-17-2022, MTG 931 205 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500' of the applicant's property as required by law. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Freer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 86,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer 2.0 PUBLIC HEARINGS 2.1 Public Hearing — West Glens Falls Emergency Squad, Inc.'s Proposal to Purchase Ambulance and Use Tax-Exempt Financing PUBLICATION DATE: September 30, 2022 SUPERVISOR STROUGH-Reviewed the proposed application. There is a public hearing. Is there any member of the public that wishes to speak to this proposed resolution to authorize West Glens Falls Emergency Squad to purchase the ambulance and authorizing incurrence of tax- exempt financing in debt for such purchase? Tim? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE AMBULANCE AND AUTHORIZING INCURRENCE OF TAX-EXEMPT FINANCING/ DEBT FOR SUCH PURCHASE Regular Town Board Meeting, 10-17-2022, MTG 931 206 RESOLUTION NO.: 377,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town,which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, by Resolution No.: 46, 2020 the Town Board authorized the Squad to purchase an ambulance but the Squad did not end up purchasing such ambulance due to COVID-19 related delays in manufacturing, and WHEREAS, the Squad has advised the Town Board that it now wishes to sell its 2016 ambulance 711 for fair market value and purchase a 2022 Chevy K-3500 Chassis Ambulance at a purchase price not to exceed $186,998, and WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad's building located at 86 Luzerne Road in the Town of Queensbury, New York, and WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using: 1. $ 51,998—cash down-payment from its current budget(including proceeds from the fair market value sale of its 2016 Ambulance); and 2. $ 135,000 maximum amount of financing at a tax-exempt interest rate of 4.3% fixed for 60 months with the Adirondack Trust Company; and WHEREAS, Town Board approval of this proposed purchase is required by the Squad's Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, on Monday, October 17'', 2022, the Town Board held a public hearing concerning the Squad's proposed purchase and tax-exempt financing as required by the Squad's Agreement with the Town and the Internal Revenue Code and heard all interested persons, and Regular Town Board Meeting, 10-17-2022, MTG 931 207 WHEREAS,the Town Board believes that this new Ambulance will provide additional safety protection for the Town and also believes it to be necessary, financially beneficial and in the public interest to consider such financing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Ambulance purchase and the Squad's corresponding incurrence of tax-exempt debt and financing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s proposal to purchase a 2022 Chevy K-3500 Chassis Ambulance at a purchase price not to exceed $186,998 as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad's incurrence of approximately $135,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Squad's assurance that the Ambulance is serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing with the Adirondack Trust Company for the purpose of purchasing the new Ambulance and associated equipment, with such tax-exempt financing having a tax-exempt interest rate of 4.3% fixed for 60 months, and BE IT FURTHER, RESOLVED,that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of October, 2022 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Freer 2.2 Public Hearing — West Glens Falls Emergency Squad, Inc.'s Proposal to Refinance Its Squad Building by Use of Tax-Exempt Financing PUBLICATION DATE: September 30, 2022 Regular Town Board Meeting, 10-17-2022, MTG 931 208 SUPERVISOR STROUGH-Reviewed the proposed application. I'll open the public hearing. Any member of the public wish to speak to this proposed resolution? Seeing none, Tim? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Alright, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING WEST GLENS FALLS EMERGENCY SQUAD, INC. TO REFINANCE SQUAD BUILDING BY USE OF TAX-EXEMPT FINANCING RESOLUTION NO.: 378, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town,which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS,by Resolution No.:213,2021,the Town Board authorized the Squad to refinance its Squad Building but the Squad subsequently did not refinance, and WHEREAS,the Squad has advised the Town Board that it now wishes to renew its interest rate for the final five (5) years of its 20-year commercial loan (building mortgage), and WHEREAS, the proposed new mortgage/commercial loan financing not to exceed the amount of $546,000 is at a tax-exempt interest rate of 4.3% fixed for 60 months with the Adirondack Trust Company such renewed interest financing to occur with principal and interest used to pay the loan in full by year-end 2027, and WHEREAS, Town Board approval of this proposed building refinancing is required by the Squad's Agreement with the Town, and the proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, on Monday, October 17'', 2022, the Town Board held a public hearing concerning the Squad's proposed building refinancing and tax-exempt financing as required by the Squad's Agreement with the Town and the Internal Revenue Code and heard all interested Regular Town Board Meeting, 10-17-2022, MTG 931 209 persons, and WHEREAS,the Town Board has determined that it is necessary, financially beneficial and in the public interest to authorize such refinancing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such building refinancing and the Squad's corresponding incurrence of tax-exempt debt and financing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad,Inc. (Squad)proposal for mortgage/commercial loan financing not to exceed the amount of$546,000 as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad's incurrence of approximately $546,000 maximum amount in debt for such building refinancing and approves of the tax-exempt financing with the Adirondack Trust Company for the purpose of such building refinancing, with such tax-exempt financing having a tax-exempt interest rate of 4.3% fixed for 60 months, such renewed interest financing to occur with principal and interest used to pay the loan in full by year-end 2027, and BE IT FURTHER, RESOLVED,that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 17'h day of October, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Ferone NOES None ABSENT: Mr. Freer Regular Town Board Meeting, 10-17-2022, MTG 931 210 2.3 Public Hearing—Proposed Local Law No.: —of 2022 -Amend Chapter 137 of Town Code Entitled "Septic Systems" to Add Article II "North Queensbury Wastewater Disposal District No. 1" PUBLICATION DATE: October 7, 2022 SUPERVISOR STROUGH-Reviewed the proposed amendment and local law. There is a public hearing on this tonight. Any thoughts from the Town Board before I open the public hearing? COUNCILMAN FERONE-No. COUNCILMAN MCNULTY-Good explanation. SUPERVISOR STROUGH-Is there any member of the public who wishes to speak to this proposed amending of the Law? And pretty much a description. Barbara if you want to come forward, please identify yourself for the record and then share your thoughts. BARBARA SIMMS-Hi, I'm Barbara Simms a full-time resident of Dunham's Bay and Secretary of the Advisory Board for our septic district and I first would like to thank the Board. We've had your support throughout this long process, we've had the help from the Town Attorneys and a lot of input, excuse me, from our residents. Just to summarize we do have 60 homes around Dunham's Bay and 12 of those homes started out with newer systems before the district was formed. Since we have formed the district we've had 24 upgrades which gives us about a 60% newer systems around the bay. The Advisory Board unanimously decided to proceed with this legislation even though we knew the Lake George Park Commission was working on a similar plan. We felt a smaller group was easier to monitor. We had records about all the properties around the Bay going back to even 1973 survey that was done. We have the support of our entire Bay. This is what we set out to do, back in 2015 with the Map, Plan and Report so we are very pleased that were at this point tonight and we'd like to thank you all for your help in getting there. SUPERVISOR STROUGH-And I think that I have to add you and the entity you helped form, North Queensbury Wastewater Disposal District was the inspiration for the Lake George Park Commission and what they want to do lake wide. So and one of the things was Dave Hatin statistics that most of the systems he inspected required some kind of fixing. Now for the most part when we get into the D-box or distribution box, the distribution box does exactly that. It distributes the affluent to the field but as, and you have fingers on your field, sometimes four, sometimes five, sometimes three depending on the length. If they fill up the one field it can clog that system and there is the beginning of the failure of your system. It's supposed to distribute evenly. You can do that evenly by adjusting the outlets on the D-box to assure that the distribution to the various fingers of the field is done equitably. But I just got to, I can't thank you enough. I see Sal. MRS. SIMMS-Well, we're very appreciative too, the entire Advisory Board. SUPERVISOR STROUGH-Alright. MRS. SIMMS-Thank you. SUPERVISOR STROUGH-Thank you Barbara. COUNCILMAN FERONE-Ms. Simms, before you leave,just a question. So you mentioned that there's 60 homes around Dunham's Bay? MRS. SIMMS-Yes. COUNCILMAN FERONE-Pretty much everything built out now. I mean would there be any more homes going in? Are there any lots there? MRS. SIMMS-In our district there are 11 vacant lots throughout the Bay. COUNCILMAN FERONE-Okay, but if they were developed than that would max out what was available? Regular Town Board Meeting, 10-17-2022, MTG 931 211 MRS. SIMMS-Within our,the boundaries of our district yes. COUNCILMAN FERONE-Okay, thank you. MRS. SIMMS-You're Welcome. SUPERVISOR STROUGH-Thank you. Anybody else? Irv, do you want to come down please. Sal I mean, Sal Ervolina. I'm sorry it's Monday. I mean I don't know, did the Yankees game get cancelled? COUNCILMAN METIVIER-I don't know. SUPERVISOR STROUGH-Sal please introduce yourself for the record. SAL ERVOLINA-Yes sir, my name, my name is Sal Ervolina, E.R.V.O.L.LN.A. I have property on Dunham's Bay and I'm also the current Treasurer of the Advisory Board. I want to thank the Board for moving forward as Barbara had mentioned. We've been working with the Town very well and we appreciate all the support we've had over the years. I just have a couple of comments specifically on the Law. One thing, which probably is not part of the Law but somehow the mechanics has to be thought about or maybe it's the district that comes up with this is, we're talking about every five years and we have to divide the properties and make sure that the owners are notified when, you know their time is up, and the five years and something. So that's really not addressed here and probably shouldn't be in that detail but ... SUPERVISOR STROUGH-Well it's addressed in this manner Sal. Before I go onto explain, I got to give Sal credit that we had a public hearing on this and Sal brought out some very good things that we needed to address. I think that we addressed them. To get back to the administration question. The way we left it and the way we've designed it and the way we've stated it is that the Advisory Board would do what they can. If they need more done they will come to the Town Board. We will hire somebody that will have to be a cost born by the district though. We will hire somebody to help you to keep track of that. And so we would work out a contract and we would work with you on who and how much and everything else and that's how we will handle the administration for now. It's a little loose and we'll see what you want to do, what you can do and whatever you want us to secure a person, even if you suggest that person to hire, to help you with it. We're open to that and this allows for that. MR. ERVOLINA-Yes, good. That's what I assumed it would go to but I just wanted to point that out. I also have some specific comments. There's some spelling I'll get into, I'll just let you know. But I have a question in 137-13 requirements, I think you meant to quote of section 137-9 instead of 8 in there, which is the inspections. TOWN COUNSEL SCHACHNER-Excuse me. SUPERVISOR STROUGH-What page are you on Sal? TOWN COUNSEL SCHACHNER-Excuse me, could I interrupt for one second? The gentleman is absolutely 100% correct and I thought it was a good time to point out. A good pick up and actually right in that same paragraph, 137-13 of the proposed local law actually has two references that need to be corrected. The one that you just picked up in the first line 137-8 should be 137-9 and right after that, literally two words later, it says 137-11 it should be 137-12. Good job, good pickup. MR. ERVOLINA-Alright, thank you. And the other issue I have is on 137-15, page seven of mine when you talk about the exemptions and when I read it, the way it was worded I wasn't exactly clear. You had mentioned five years of the contract but with a maintenance agreement spanning the following five years. I'm not sure how is that, is it the past five years? Because it's required you know five, every five years so for the previous five years do you need a contract and can you have, you know, I don't know a contract for five years? One for two, one for three, you know just so long as the facility is covered for five years. SUPERVISOR STROUGH-That's the intent of it. Regular Town Board Meeting, 10-17-2022, MTG 931 212 MR. ERVOLINA-Yes. SUPERVISOR STROUGH-And then you need that contract renewed, either for two or three year periods but it has to cover the next five years. But we can ask Town Counsel if, if he feels that that language needs to be upgraded to include your thoughts. TOWN COUNSEL SCHACHNER-He doesn't. SUPERVISOR STROUGH-Okay. TOWN COUNSEL SCHACHNER-I think it means exactly what you said it means. SUPERVISOR STROUGH-I think it means that too but thank you Sal. MR. ERVOLINA-Okay. Now the other only thing I had, if you, 137-8 definitions, the last sentence in that section. Such units typically lack one or more, I guess it was trying to say instead of. SUPERVISOR STROUGH-Where is that Sal? MR. ERVOLINA-In 137-8, definitions and under Enhanced Treatment Unit, the last sentence. Such units typically lack one, and I'm assuming or more component parts typical of conventional. SUPERVISOR STROUGH-Yes. That's, and your question? TOWN COUNSEL SCHACHNER-He's just pointing out that the word of could be or. MR. ERVOLINA-It should be or. TOWN COUNSEL SCHACHNER-And the word part could be plural parts, and both are fine. MR. ERVOLINA-Yes. SUPERVISOR STROUGH-Oh, okay. MR. ERVOLINA-Yes, that's a minor comment. That's what, from my years of a, in the regulatory business I've reviewed many laws and worked through them. SUPERVISOR STROUGH-Well, it's because of you that we went back and took a second look at this and came up with a new and improved. MR. ERVOLINA-Yes. SUPERVISOR STROUGH-Alright, so I want to thank you for paying close attention to this and helping us out with that. The one thing that I think we do have to do is amend this tonight and I don't think it's substantial in anyway, to 137-13 where it talks about exemptions. And you and Town Counsel picked up that we need to change 137-8 to 9 and 137-11 to 137-12. Any other amending that you caught from what Sal had spoken to this evening Town Counsel? TOWN COUNSEL SCHACHNER-Sir, no sir. SUPERVISOR STROUGH-Okay. Thank you Sal. MR. ERVOLINA-You're welcome. SUPERVISOR STROUGH-Alright. MR. ERVOLINA-Thank you Board. Regular Town Board Meeting, 10-17-2022, MTG 931 213 COUNCILMAN MCNULTY-Thank you. John, we do have one comment from Kate Lapkin, she's a property owner on Dunham's Bay and a Board Member on the Association she just wishes to say many thanks and she's here to express her support but she doesn't need to speak. SUPERVISOR STROUGH-Okay, thank you Tim. Anybody else present wish to speak to the proposed law? Alright, I'll close the public hearing and Town Counsel, do we have to note the amending of the proposed law? Any further than what we just did? TOWN COUNSEL SCHACHNER-Just if somebody moves to approve it, move to approve it as amended. SUPERVISOR STROUGH-Okay, anybody willing to approve as amended? PUBLIC HEARING CLOSED RESOLUTION ADOPTING LOCAL LAW NO.: 12 OF 2022 TO AMEND CHAPTER 137 OF QUEENSBURY TOWN CODE ENTITLED "SEPTIC SYSTEMS" TO ADD ARTICLE II "NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1" RESOLUTION NO.: 379, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 407, 2014, the Queensbury Town Board created the North Queensbury Wastewater Disposal District No. 1 pursuant to New York State Town Law Section 190- e for the purpose of administration and planning, design, installation, construction, rehabilitation, replacement, operation and maintenance, monitoring, residual treatment and disposal and regulation of private on-site wastewater disposal systems of such district, and WHEREAS, the Town Board wishes to consider further specifying and codifying the requirements applicable within the Disposal District by adoption of Local Law No.: 12 of 2022 which, if adopted would amend Queensbury Town Code Chapter 137 by adding Article 11 "North Queensbury Wastewater Disposal District No. F, 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 a public hearing concerning such proposed Local Law on Monday, August 8 h, 2022 and heard all interested persons, and WHEREAS, substantive changes were then made to the proposed Local Law necessitating an additional public hearing, and WHEREAS,the revised Local Law was delivered to the Town Clerk and made available for public review, and Regular Town Board Meeting, 10-17-2022, MTG 931 214 WHEREAS, the Town Board scheduled and duly held a public hearing concerning such proposed Local Law on Monday, October 17'', 2022 and all interested persons were heard, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby adopts Local Law No.: 12 of 2022 to amend Queensbury Town Code Chapter 137 by adding Article 11 "North Queensbury Wastewater Disposal District No. F, 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 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 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer LOCAL LAW NO.: 12 OF 2022 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 137 TO ADD ARTICLE II "NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO 1" BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: Section 1. Authority—This Local Law is adopted pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law. Section 2. Queensbury Town Code is hereby amended by adding Chapter 137, Article II as set forth below: Regular Town Board Meeting, 10-17-2022, MTG 931 215 ARTICLE IL "NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT No. F, § 137-7. Purpose and Intent. The North Queensbury Wastewater Disposal District No. 1 (District)was formed by the Queensbury Town Board to protect the waters of Lake George. The District is located entirely within the Dunham's Bay Area along the east shore of Lake George. Lake George is classified as an "AA-Special"water body and serves as a source of drinking water for residents of all eight Towns within the Lake George Basin. Onsite Wastewater Treatments Systems (OWTS) are the sole method of wastewater disposal within the District. Therefore, continued protection of the waters of Lake George is imperative and poorly maintained or malfunctioning OWTS within the District contribute to the contamination and degradation of groundwater and ultimately the water quality of Lake George. The Queensbury Town Board recognizes that OWTS will eventually degrade, even with proper maintenance and operation and that ongoing vigilance to ensure that such systems are properly operating and are appropriately repaired and replaced when necessary is crucial to protect groundwater and the waters of Lake George. The District was formed pursuant to New York State Town Law §190-e to facilitate the Town's goals of promoting and requiring the rehabilitation, replacement and proper operation and maintenance of OWTS and the Town has the lawful authority to monitor such systems for this purpose, including providing for regular inspections. § 137-8. DEFINITIONS As used in this Chapter, the following terms shall have the meanings indicated: ON SITE WASTEWATER TREATMENT SYSTEM OR OWTS: Multi-stage systems that collect, treat, and disperse wastewater to the soils rather than transported off-site. Conventional septic systems typically consist of a septic tank, distribution box, leach lines and a leach field or treatment field. ENHANCED TREATMENT UNIT or ETU: A pre-manufactured structure that provides enhanced treatment of wastewater prior to discharge to a subsurface soil absorption area. Such units provide for the biological and physical treatment of wastewater to reduce the amount of biochemical oxygen demand and total suspended solids of wastewater effluent prior to distribution to an absorption area. Such units typically lack one or more component parts typical of conventional OWTS. § 137-9. INSPECTIONS A. To confirm compliance with the provision of this Article II, the Town of Queensbury Building and Codes Enforcement Officer, a designee of such official or other professional approved/selected by the Queensbury Town Board shall have the right to inspect all OWTS within the District once every five (5) years to ensure compliance with the provisions of this Part. The inspection shall include a septic tank pump out by a NYSDEC registered septic hauler and all seepage pits and septic drainfield distribution boxes (D-box) accepting effluent from a septic tank, all septic tank inlet and outlet access covers, all pump stations and holding tank Regular Town Board Meeting, 10-17-2022, MTG 931 216 access covers must be uncovered and opened by the property owner or their agent prior to the inspection. If access covers are more than twelve (12) inches below grade, they must be outfitted with extension covers. It is the Owner's obligation to arrange for these required actions and to arrange for the necessary inspections. The OWTS inspection shall utilize the New York On-site Wastewater Treatment Training Network(OTN)materials, including the OTN System Inspection Request Form, Findings Worksheet and Site Report (Inspection Findings), all of which shall be available in the Building and Codes Enforcement Office. The cost of the inspection will be established by Town Board Resolution as set forth in the Town's Fee Schedule Ordinance and shall be the same amount charged for septic inspections performed by the Towns' Building and Codes Enforcement Official under other provisions of this Code. The cost of inspections shall be borne by the Property Owner and shall be paid prior to the inspection. Inspections shall be performed on or before July 151h of such year. B. Inspections will not be required within the first five (5) years of installation of entirely new OWTS provided such OWTS were fully lawful when installed and provided further that there are no indicia of system failure, including, but not limited to, the appearance of surface effluent and/or the presence of effluent odors. Lawful OWTS shall include those that are lawful by virtue of the issuance of one or more septic variances by the Town Board. For purposes of this provision, for OWTS to be considered entirely new, their component septic tanks, pump stations and either leach fields or seepage pits must be new and cannot have been part of the previous OWTS. C. Nothing contained in this provision shall prevent additional inspections within this five (5) year period if there are any indicia of OWTS failure, including, but not limited to, the appearance of surface effluent and/or the presence of effluent odors. D. The Town Board may, in its discretion, contract with a consultant of its choosing to conduct initial information gathering activities which may include contact and coordination with landowners to identify the location and nature of the OWTS and/or OWTS components and create an inventory of all OWTS infrastructure within the District. Related costs shall be a District expense. E. Notwithstanding any other provision of this Section 137-9, where an inspection is required pursuant to Article I of this Chapter, such inspection must be undertaken regardless of the fact that the OWTS to be inspected has been installed and in use for less than five (5) years at the time that such inspection is mandated under Article I. § 137-10. MINIMUM STANDARDS. The following minimum standards shall apply to each inspection: (a) All septic tanks and holding tanks must be within 250 gallons of the minimum volume requirement; minimum volume includes bedrooms, rooms used for sleeping, Jacuzzi tubs and garbage grinders; and (b) All holding tanks shall be equipped with a float switch with a 50% level alarm, a 100% high-level alarm located in a conspicuous place to indicate when pump out is Regular Town Board Meeting, 10-17-2022, MTG 931 217 necessary and a water shut off device. A copy of pump out records shall be submitted during or prior to the inspection. § 137-11. OWTS FAILURES. Failure of an existing OWTS occurs when the standards for lawful OWTS as set forth in Chapter 136 and this Article are not met. While not exhaustive, examples of a failing system include the following: (1) Lack of a pre-treatment vessel(i.e., septic tank, aerobic treatment unit, ETU, etc.)prior to effluent discharge to any subsurface treatment(soil treatment area or absorption field); (2) There is a discharge of effluent directly or indirectly to the ground's surface, with surface breakouts,ponding or saturated soils over the soil treatment area; (3) Direct pipe surface discharge of grey water (into a dry well, over an embankment, into a roadside ditch or stream/tributary, etc.); (4) A dye test results in the presence of dye on the ground surface or adjacent/downstream water body; (5) There is a backup of sewage into the home, building, septic tank or facility as a result of a septic tank overload or malfunction, or a clogged soil treatment area; (6) The septic tank requires pumping more than four times per year and/or sewage is observed flowing back into the septic tank from the secondary treatment area during pump out; (7) Presence of a metal septic tank that is undersized and/or corroded; (8) A cesspool, defined as a covered hole or pit used to receive untreated sewage from a house or building constructed as a primary source of wastewater disposal; (9) A holding tank that discharges effluent to surrounding subsurface areas; (10)No septic tank, seepage pit, enhanced treatment unit or soil treatment area(STA) shall be permitted to discharge to any natural outlet or adjoining property. § 137-12. MANDATORY PUMP OUT. Each OWTS within the District must be pumped out no less than once every five (5) years. Property owners within the District may individually undertake such effort. In addition, the Town of Queensbury may arrange for one or more septic haulers to undertake annual pump-outs of approximately 115 of the properties within the District. The cost of such services, if arranged throughout the District shall be a District expense. Otherwise, each property owner shall be independently responsible for such costs. In the event any new OWTS has been installed within the District, no additional inspection or pump-out shall be required within the five (5) years directly following installation, provided the owner gives the Town sufficient information and documentation to identify the location of the OWTS and all its components, the type of system and the manner of its operation. Notwithstanding the above provision, pump-out of any new OWTS system as described above is nonetheless required where an inspection pursuant to Article I of this Chapter is mandated. Regular Town Board Meeting, 10-17-2022, MTG 931 218 § 137-13. EXEMPTION. The requirements of Section 137-9 and 137-12 shall not apply where the owner has submitted to the Town, on or before July 15'h of the year in which such activity is to occur, an annual maintenance report demonstrating that such pump out or inspection has been performed and that the system is functioning properly. § 137-14. PROVISIONS OF THIS CHAPTER ARE TO BE READ IN HARMONY. It is the intention of the Town Board that Article I (Septic Inspection Upon Property Transfer) and Article II of this Chapter are to be read in harmony wherever possible. However, in the event of a conflict between the two, the stricter provision or procedures shall apply. Where a property transfer within this District occurs and such property is also subject to the provisions of Article I, any inspection required as a result of that transfer of property must be performed in accordance with Article I regardless of the inspection cycle established pursuant to Article II and may result in multiple inspections being performed in the same five (5)-year period. § 137-15. EXEMPTION OF ETUs ETUs that replace a conventional septic tank are exempt from pump-out requirements provided 1) the owner provides the Town with a maintenance agreement spanning the following five (5) years and 2)the owner provides the Town with a written statement of a certified inspector of such ETU certifying that the ETU is functioning properly and as designed. §137-16. DISTRICT ADMINISTRATION (A) The Town Board may, in its discretion, arrange for the administration of this District by contract with one or more persons or entities of its choosing; and/or by delegating such authority to one or more Departments and/or one or more employees of the Town. The Town Board may determine the scope of authority to be delegated to any such individuals or entities by Resolution. Administration of this District may include undertaking efforts to investigate the types, location and status of existing septic systems within the District, determining the inspection cycle each property owner is to comply with, notifying property owners of necessary deadlines effecting their systems, making reports to the Town Board, sharing authority with Town Code Enforcement Officials to enforce the provisions of this Chapter and,with the approval of the Town Board,to retain consultant services. (B) The Town Board may also rely upon the assistance of any ad hoc committee that it may form to assist in activities necessary for proper administration of this District. However, a committee shall not have the authority to enforce any provisions of this Chapter. (C) All costs associated with administering this District and this Chapter shall be an expense of the District. § 137-17. OWNER TO UNDERTAKE REQUIRED REPAIRS Property Owners are responsible to ensure that their OWTS or ETU is functioning properly and are obligated to cause any necessary repairs to be completed within a timely manner. All Regular Town Board Meeting, 10-17-2022, MTG 931 219 repair costs are the expense of the owner or owners. In the event that an inspection reveals that all or a part of any OWTS or ETU does not meet or exceed applicable standards, the Code Enforcement Officer or other Town designated person or entity may direct that the necessary repairs be made and provide a reasonable amount of time to undertake such remedial action. § 137-18. COSTS INCURRED; VIOLATIONS; PENALTIES FOR OFFENSE. A. Any and all costs incurred by the District due to a District owner's failure to undertake the actions required by this Chapter or as a result of the District addressing any violations thereof may be assessed against the real property and levied and collected in the same manner as the levy and collection of special ad valorem assessments through inclusion on the individual tax bills of the property at issue. Costs assessed in this way shall include all actual expenses incurred by the District on behalf of such owner and any Application Fees that would have been required had the owner complied with the provisions hereof. B. Appearance tickets/information. The Town Enforcement Officer, or such other person designated by the Town Board or authorized by law, upon receipt of a complaint or upon such person's own initiative, may commence proceedings in Queensbury Town Court by issuing an appearance ticket and/or filing an information or a summons and complaint with the Queensbury Town Court pursuant to New York law. C. Penalties. Violation of any provision of this Article shall constitute a violation, punishable by an assessment of civil penalties of $950 or a fine not exceeding $950, or imprisonment for a term not exceeding 15 days, or both. Each week such violation continues after notification to the person in violation shall constitute a separate violation. E. Civil Actions and Penalties. In addition to any other remedies provided by this Article, the Town may commence a Civil Action in a Court of competent jurisdiction to compel compliance with this Article and/or to seek monetary penalties for violation of its provisions. Section 6. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 7. 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 8. Effective Date—This Local Law shall be effective upon filing by the New York State Department of State. 2.4 Public Hearing — Proposed Extension #3 to Greater Queensbury Consolidated Sanitary Sewer District to Serve 1533 Queensbury, LLC Property PUBLICATION DATE: October 5, 2022 SUPERVISOR STROUGH-Reviewed the proposed extension to the Greater Queensbury Consolidated Sanitary Sewer District to serve 1533 Queensbury, LLC. Regular Town Board Meeting, 10-17-2022, MTG 931 220 TOWN COUNSEL SCHACHNER led the Town Board through the Short Environmental Assessment Form PART 2—IMPACT ASSESSMENT 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? NO 2. Will the proposed action result in a change in the use or intensity of use of land? NO 3. Will the proposed action impair the character or quality of the existing community? NO 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? NO 5. Will the proposed actin result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? NO 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? NO 7. Will the proposed action impact existing: a. public/private water supplies? NO b. public/private wastewater treatment utilities? NO 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? NO 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? NO 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? NO 11. Will the proposed action create a hazard to environmental resources or human health? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 3 TO SERVE 1533 QUEENSBURY, LLC PROPERTY RESOLUTION NO.: 380, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District (Extension No. 3) to serve the 1533 Queensbury, LLC Property (formerly the Comfort Suites Hotel) located on 5.53 acres of land on the west side of New York State Route 9 in the Town of Queensbury, New York (Tax Map No.: 288.8-1-5.2) in accordance with New York Town Law Article 12-A, and Regular Town Board Meeting, 10-17-2022, MTG 931 221 WHEREAS, such Extension No. 3 has been determined to be a State Environmental Quality Review Act (SEQRA) Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been prepared, and WHEREAS, the Town's Wastewater Director has not identified any environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the SEQRA Short Environmental Assessment Form (EAF) and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the EAF by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Freer RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 3 TO SERVE 1533 QUEENSBURY, LLC PROPERTY RESOLUTION NO.: 381, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Regular Town Board Meeting, 10-17-2022, MTG 931 222 Consolidated Sanitary Sewer District to serve the 1533 Queensbury, LLC Property (formerly the Comfort Suites Hotel) located on 5.53 acres of land on the west side of New York State Route 9 in the Town of Queensbury, New York (Tax Map No.: 288.8-1-5.2) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Hutchins Engineering, PLLC concerning the proposed Sanitary Sewer District Extension No 3 (Extension No. 3) to connect the proposed Property to the existing Greater Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension No. 3, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the property owner has provided Easements required by the Town along with forms TP-584 which will transfer the existing infrastructure and provide an Easement to the property's northern border, and WHEREAS, on September 26 h, 2022 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Extension No. 3; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements;(d)the fact that all costs of the improvements including the one-time buy-in cost and Town connection fee were paid by the previous developer of the property and not the Town of Queensbury; (e)the estimated cost of hook-up fees (if any) and the estimated annual cost of the Extension No. 3 to the property in the Extension No. 3; (f)the proposed method of financing to be employed(no financing required); (g)the fact that a Map,Plan and Report describing the improvements is on file in the Town Clerk's Office; and (h) the time and place of a public hearing on the proposed Extension No. 3; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also placed on the Town's website, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Extension No. 3 to the Property were Regular Town Board Meeting, 10-17-2022, MTG 931 223 computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS,the estimated annual cost of the Extension No. 3 to the parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, a public hearing on the proposed Extension No. 3 was duly held on Monday, October 17'', 2022 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has considered the establishment of the Extension No. 3 in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS,the Town Board wishes to establish the proposed Extension No. 3 in accordance with Town Law Article 12-A, and NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension No. 3 are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension No. 3; 4. It is in the public interest to establish, authorize, and approve the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 3 to the Greater Queensbury Consolidated Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Extension to be as described in the Map, Plan and Report and Public Hearing Order; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 3 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report and Public Hearing Order, subject to the following: 1. Permissive Referendum in the manner provided in New York State Town Law Article 7; and Regular Town Board Meeting, 10-17-2022, MTG 931 224 2. Adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to Permissive Referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such Notice of this Resolution as may be required by law and if no petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Freer 2.5 Public Hearing—Proposed Local Law No.:—of 2022 -Amend Chapter 179"Zoning" of Queensbury Town Code Amending Zoning Map to Designate Tax Map Parcel No.: 308.15-1-58 as Included in the Mobile Home Overlay District PUBLICATION DATE: October 7, 2022 SUPERVISOR STROUGH-Reviewed the proposed amendment. DEPUTY TOWN CLERK BETTY MURPHY noted that the public hearing with respect to the Proposed Extension No. 3 to the Greater Queensbury Sewer District was never opened by Supervisor Strough. TOWN COUNSEL SCHACHNER noted that it could be done after the public hearing regarding the Mobile Home Overlay District. SUPERVISOR STROUGH-I'm assuming that the applicant and the applicant's agent is before us please identify yourself and feel free to elaborate on what's before us tonight. JON LAPPER, ESQ.-Sure, good evening everyone. For the record Jon Lapper with Dan Hunt. As Supervisor said we were at the Planning Board last month they did SEQRA review and issued a Neg. Dec. and recommended that the Planning Board approve this extension for a Mobile Home Overlay District. This was an historic mobile home park. Dan bought it, he's looking to continue fixing it up and add a few more homes and we addressed with the Planning Board, you know changes to what he had first proposed and he submitted to them some, some changes that made it even nicer but those are all Planning Board review issues that can't happen until the Overlay is extended on this. SUPERVISOR STROUGH-Okay, so it once was a, like a mini-mobile home park. ATTORNEY LAPPER-There were eight mobile homes and some of it is grandfathered still and some of it has lapsed. SUPERVISOR STROUGH-So what part's grandfathered? ATTORNEY LAPPER-Two,there are two units that are grandfathered that are approved. Regular Town Board Meeting, 10-17-2022, MTG 931 225 SUPERVISOR STROUGH-And they currently have two units? DAN HUNT-Permits for them. ATTORNEY LAPPER-Permits for them. MR. HUNT-Brand new units. SUPERVISOR STROUGH-Permits for two? ATTORNEY LAPPER-For brand new units and he's seeking... SUPERVISOR STROUGH-And the owner would like to put six? ATTORNEY LAPPER-Total of six. SUPERVISOR STROUGH-Four more. ATTORNEY LAPPER-With upgrade to the site. SUPERVISOR STROUGH-And, alright but they are not in the Overlay District. ATTORNEY LAPPER-Right. That's what we're here to address,the Planning Board recommended it. SUPERVISOR STROUGH-And there is a Public Hearing on this tonight. ATTORNEY LAPPER-Yes. SUPERVISOR STROUGH-Questions for the applicant or the applicant's owner? COUNCILMAN MCNULTY-Yes. I reviewed the original submission and we talked about the vegetation and some of the different things you were going to put to separate the, from specifically from Corinth Road. You talked about making changes,what changes are you suggesting? ATTORNEY LAPPER-More space between the units,better parking,just spreading out the way the public and the Planning Board asked us to do. COUNCILMAN MCNULTY-Is that why the tape is up tonight,today? Is it? That's the new locations or the current location? The proposed location? MR. HUNT-The proposed,the new. COUNCILMAN MCNULTY-Okay and can you talk to the, I called it a berm but I looked and it doesn't look there was a berm on the original plan. How are you going to,what kind of vegetation or trees,what are you putting in to separate the park from Corinth Road? MR. HUNT-All types of trees and plants and shrubs so there is a nice border there. COUNCILMAN MCNULTY-And Jon if you remember,the previous park it was, it was an eyesore so any,this will, this will work. That's why I keep harping on this,the separation. Because you can plainly see it from the road prior and you don't want to hide it but I'd like some visibility. SUPERVISOR STROUGH-And the address is 3 Pinello Road? MR. HUNT-Yes sir. SUPERVISOR STROUGH-So the public gets a better idea where it's located. COUNCILMAN MCNULTY-And we did have,there is one letter that we received. Regular Town Board Meeting, 10-17-2022, MTG 931 226 SUPERVISOR STROUGH-Yes, I did receive an email from Carlos Carlito who's not in favor of this. COUNCILMAN MCNULTY-And his discussion was one acre, is it one acre? ATTORNEY LAPPER-Yes, it's about one acre. COUNCILMAN MCNULTY-He thought was, I don't have his letter here, six units on one acre but it meets the required. ATTORNEY LAPPER-That's the Planning Board to look at,that specific issue along with all the plantings and everything else. And we had a very thorough discussion with the Planning Board about all that,number of units and vegetation. COUNCILMAN MCNULTY-And Jon if I can bring up another issue. Two or three meetings ago there were some neighbors, a neighbor that came into talk about some concerns about the use of the public right-a-way, along the road. ATTORNEY LAPPER-Yes COUNCILMAN MCNULTY-I visited. I've talked to some people and I haven't heard any other complaints. Has that been resolved? ATTORNEY LAPPER-So Dan has offered to put in a parking area for the bus stop there and the Planning Board was in support of that as well. COUNCILMAN MCNULTY-Thank you for that, appreciate that. MR. HUNT-You're welcome. COUNCILMAN MCNULTY-Thank you Jon. SUPERVISOR STROUGH-Okay. Is there any, I'm going to open the public hearing. Is there any member of the public who wishes to speak to this proposal and that is a lot that is what a little less, about an acre? ATTORNEY LAPPER-Yes. SUPERVISOR STROUGH-On 3 Pinello Road that traditionally had as many as eight trailers on it. New owner,two current trailers, like to expand it to six. But what they need is the Town Board to approve that this lot will be a mobile home or part of a Mobile Home Overlay District. Alright, I'll open the public hearing. Any member of the public wishes to speak to this proposal tonight? Anybody Tim online? COUNCILMAN MCNULTY-Nobody online. SUPERVISOR STROUGH-Any additional thoughts on behalf of the Town Board? TOWN COUNSEL SCHACHNER-Thought from Counsel. SUPERVISOR STROUGH-Thoughts from Counsel. TOWN COUNSEL SCHACHNER-I just want to make sure all the Town Board recognizes that if you adopt the proposal that will authorize the creation of these additional sites but the, it's still subject to site plan review by the Planning Board. So some of the comments that you, concerns that you raised would typically be addressed by the Planning Board during site plan review which can only happen if you adopt the proposed zoning to allow the overlay. SUPERVISOR STROUGH-My one concern is; you know does it fit the character of the neighborhood? You could make the argument I suppose that historically this is what it's been, it's part of the neighborhood. Regular Town Board Meeting, 10-17-2022, MTG 931 227 ATTORNEY LAPPER-It's going to be two units no matter what, it seems like the site would be better developed to have six or so that are proposed. SUPERVISOR STROUGH-Yes. MR. HUNT-And I would say the majority of the homes on Pinello Road are manufactured homes. So it absolutely fits in with the character of the neighborhood. But it's going to be on different scale, everything is going to brand new, so. SUPERVISOR STROUGH-Alright. No further thoughts? COUNCILMAN FERONE-I'm satisfied with the fact that Counsel pointed out that Planning Board has to go through site plan review so if there are any issues there I'm sure the Planning Board will pick up on them. SUPERVISOR STROUGH-Okay. Alright so I'll entertain a motion. COUNCILMAN METIVIER-Close the public hearing. SUPERVISOR STROUGH-I'll close the public hearing, thank you. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 13 OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE AMENDING ZONING TO DESIGNATE TAX MAP PARCEL NO.: 308.15-1-58 AS INCLUDED IN MOBILE HOME OVERLAY DISTRICT RESOLUTION NO.: 382, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Dan Hunt submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about July 5,2022 requesting designation of a parcel identified as Tax Map No.: 308.15-1-58 as included in the Mobile Home Overlay District, and WHEREAS, by the same submittal, Dan Hunt also applied for Planning Board Site Plan approval of proposed changes to the existing mobile home park at this property known as Groom's Trailer Court, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 13 of 2022 "To Amend Chapter 179 "Zoning" of Queensbury Town Code to Designate Tax Map Parcel No.: 308.15-5-58 As Included in the Mobile Home Overlay District," and WHEREAS,the Town Board,by Resolution No.: 282, 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 September 27, 2022,the Planning Board accepted SEQRA Lead Agency status and issued a Negative Declaration, and Regular Town Board Meeting, 10-17-2022, MTG 931 228 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.: 282, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on or about October 13'', 2022 the Town received a recommendation from the Warren County Planning Department to approve the proposed zoning changes, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, WHEREAS, on October 17, 2022 the Town Board duly conducted a public hearing concerning proposed Local Law No.: 13 of 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 No.: 13 of 2022 and wishes to consider adoption of Local Law No.: 13 of 2022 in the form substantially presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby adopts Local Law No.: 13 of 2022, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code Amending Zoning Map to Designate Tax Map Parcel No.: 308.15-5-58 as Included in the Mobile Home Overlay District," in the form substantially presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and approved Local Law No.: 13 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 further authorizes and directs the Town Clerk to submit approved Local Law No.: 13 of 2022 to the New York State Secretary of State for filing in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, Regular Town Board Meeting, 10-17-2022, MTG 931 229 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 171h day of October, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Ferone NOES None ABSENT: Mr. Freer LOCAL LAW NO.: 13 OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE AMENDING ZONING MAP TO DESIGNATE TAX MAP PARCEL NO.: 308.15-1-58 AS INCLUDED IN THE MOBILE HOME OVERLAY DISTRICT BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation for a parcel located on the southeast corner of Pinello and Corinth Roads to reflect inclusion in the Mobile Home Overlay District, such property bearing Tax Map Parcel No.: 308.15-1-58. SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. SECTION 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York State Municipal Home Rule Law §27. 2.4 Public Hearing — Proposed Extension #3 to Greater Queensbury Consolidated Sanitary Sewer District to Serve 1533 Queensbury, LLC Property PUBLICATION DATE: October 5, 2022 SUPERVISOR STROUGH-Reviewed the proposed extension to the Greater Queensbury Consolidated Sanitary Sewer District to serve 1533 Queensbury, LLC. We did the SEQRA and we may have approved it but I am going to suspend the approval and I want to see if there is any Regular Town Board Meeting, 10-17-2022, MTG 931 230 member of the public that wishes to speak to 2.4a or 2.4b, the adoption and ownership of that sewer line by the Town. Anybody present? I opened the public hearing. Anybody online Tim? COUNCILMAN MCNULTY-No SUPERVISOR STROUGH-Alright, I'll close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Do we need to re-vote on this? TOWN COUNSEL SCHACHNER-If you want to re-affirm it that's fine. SUPERVISOR STROUGH-Can we do 24a& 24b at the same time or ... TOWN COUNSEL SCHACHNER-24a is not subject to public hearing so I wouldn't bother, 2.4a is not subject to public hearing so I wouldn't bother. SUPERVISOR STROUGH-Okay. TOWN COUNSEL SCHACHNER-If you want to re-affirm 2.4b now that the public hearing has been opened and closed a simple motion to re-affirm that approval would be fine. SUPERVISOR STROUGH-Who made the motion to approve and second? DEPUTY TOWN CLERK MURPHY-Ferone and Metivier. SUPERVISOR STROUGH-Alright, Ferone and Metivier do you wish to re-affirm your motion and second? COUNCILMAN FERONE-Yes. COUNCILMAN METIVIER-Yes. SUPERVISOR STROUGH-Okay and lets re-affirm the vote if you will please Colleen. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Freer 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT — 3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS TOWN COUNSEL SCHACHNER-In the Ramboll Contract, we're suggesting that the service of conditions attachment paragraph 21 entitled mediation of disputes we're suggesting that it,the word non-binding be added to the title and the text of that paragraph. So from the context of your, in the context of your Resolution it would simply mean to authorize you to execute that agreement as modified as suggestion of Town Counsel if you agree with our recommendation. SUPERVISOR STROUGH-And you would add that as,to the Resolved? TOWN COUNSEL SCHACHNER-Correct. Regular Town Board Meeting, 10-17-2022, MTG 931 231 SUPERVISOR STROUGH-Does the Town Board have an issue with that? COUNCILMAN MCNULTY-No. COUNCILMAN FERONE-No. COUNCILMAN METIVIER-No. SUPERVISOR STROUGH- We're fine with that. So any vote on that, let it be understood that it would be amended such as just, Town Counsel just described. TOWN COUNSEL SCHACHNER-Right specifically the final paragraph where it says "Resolved, that the Town Board further authorizes and directs the Town Supervisor to execute the Proposal substantially in the form presented at this meeting" we would then add after the words at this meeting, and as recommended by Town Counsel. SUPERVISOR STROUGH-Okay, Okay it's understood by the Town Board and nodding approval of acceptance of the amended of 4.5 as was just described. RESOLUTION AUTHORIZING HIRING OF DANIEL MEADE AS FULL-TIME LABORER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 383, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that there is 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 Daniel Meade, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives, and Mr. Meade is the uncle of Blaine Meade, a Highway Department employee and the brother of Theodore Meade, a Building and Grounds Department employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Daniel Meade as a full-time Laborer in the Town's Highway Department effective on or about October 18'', 2022 subject to Mr. Meade's successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, Regular Town Board Meeting, 10-17-2022, MTG 931 232 RESOLVED, that Mr. Meade 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 17'h day of October, 2022 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION AUTHORIZING ACCEPTANCE OF $1,100 IN DONATIONS TO PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 384, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Madison Wealth Managers has advised the Town of Queensbury that one of its clients wishes to make a$1,000 anonymous donation to the Town of Queensbury toward the purchase of a bench for the niche area at the Pine View Cemetery and Crematorium, and WHEREAS,Peter and Denise Zayacheck also wish to make a$100 donation to the Town of Queensbury toward the cleaning of their monument at the Pine View Cemetery and Crematorium, and WHEREAS,the Town Board is honored by these donations, feels that they will benefit Town residents and therefore wishes to approve and authorize their acceptance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the $1,100 in donations to the Town's Pine View Cemetery and Crematorium as delineated in this Resolution, and BE IT FURTHER, Regular Town Board Meeting, 10-17-2022, MTG 931 233 RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to deposit the donations and increase the Donations Revenue Account No.: 002-0000-52705 and increase Appropriations Account No.: 002-8810-4400 accordingly, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Town Cemetery Superintendent to send a copy of this Resolution to the Madison Wealth Managers and to Peter and Denise Zayachek with a letter of thanks for the generous donation and the Town Supervisor, Town Cemetery Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION ACKNOWLEDGING TOWN OF MOREAU'S PURCHASE OF ADDITIONAL 100,000 GALLONS OF RESERVED CAPACITY FROM TOWN OF QUEENSBURY ON BEHALF OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 385, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 492, 98 the Queensbury Town Board, on behalf of the Queensbury Consolidated Water District, entered into an Intermunicipal Agreement with the Town of Moreau for the Town of Queensbury's sale of water to the Town of Moreau,which Intermunicipal Agreement has been subsequently amended, and WHEREAS, in accordance with the Intermunicipal Agreement, as amended, the Town of Moreau is currently entitled to a Reserved Capacity (meaning the daily water reserved for Moreau under the Intermunicipal Agreement) of 1,250,000 gallons per day, and WHEREAS,by Resolution No.:247,2020,the Town Board authorized the Town of Moreau's purchase of an additional 100,000 gallons of Reserved Capacity in accordance with the Intermunicipal Agreement and affirmed that such purchase resulted in the Town of Moreau's purchasing a total of Regular Town Board Meeting, 10-17-2022, MTG 931 234 1.35 million gallons of Reserved Capacity per day from the Town of Queensbury on behalf of the Queensbury Consolidated Water District,to date, and WHEREAS, by Resolution No.: 236, 2021, the Town Board authorized the Town of Moreau's purchase of an additional 150,000 gallons of Reserved Capacity in accordance with the Intermunicipal Agreement and affirmed that such purchase resulted in the Town of Moreau's purchasing a total of 1.5 million gallons of Reserved Capacity per day from the Town of Queensbury on behalf of the Queensbury Consolidated Water District,to date, and WHEREAS, the Town of Moreau wishes to purchase an additional 100,000 gallons of Reserved Capacity for $106,000 in accordance with the terms set forth in the Section IX of the Agreement, and WHEREAS, the Town of Queensbury Water Superintendent and Town Board wish to acknowledge the Town of Moreau's purchase request and affirm that such purchase would result in the Town of Moreau having purchased a total of 1.6 million gallons of Reserved Capacity per day to date, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby acknowledges the Town of Moreau's purchase of an additional 100,000 gallons of Reserved Capacity for $106,000 in accordance with the Intermunicipal Agreement with the Town of Moreau, and hereby affirms that such purchase results in the Town of Moreau purchasing a total of 1.6 million gallons of Reserved Capacity per day from the Town of Queensbury on behalf of the Queensbury Consolidated Water District,to date, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor, Town Water Superintendent, Town Budget Officer, and/or Town Counsel to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION AUTHORIZING ACCEPTANCE OF FUNDS FROM TOWN CEMETERY COMMISSION TOWARD NICHE WALL AT PINE VIEW CEMETERY AND ENGAGEMENT OF MADDISON'S CONTRACTING AND REPAIR Regular Town Board Meeting, 10-17-2022, MTG 931 235 RESOLUTION NO.: 386, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 367,2021, the Queensbury Town Board authorized establishment of the Pine View Cemetery Columbarium Wall Capital Project Fund 4242 establishing funding for expenses associated with the purchase of a new sign with a columbarium wall that will have niches to entomb cremains at the Pine View Cemetery(the"Project")and awarded the bid for the Project from the lowest, responsible bidder, Loiselle Memorials, Inc., and WHEREAS, the Town of Queensbury's Cemetery Superintendent has advised that it was necessary to engage the services and/or purchase materials from three(3)other vendors for their work on this Project as follows: 1. Curtis Lumber - $ 916.70 - (foundation supplies) 2. Jointa Galusha, LLC - $ 1,741.60 - ( concrete) 3. Maddison's Contracting and Repair - $12,485.00 - (lighting) TOTAL - $14,547.50 and WHEREAS, the Cemetery Superintendent obtained three (3) quotes for the lighting portion of the Project and Maddison's Contracting and Repair submitted the lowest quote dated 5-19-22 in the amount of$12,485, and WHEREAS,the Town Cemetery Commission has offered to fund such work/expenses and the Town Board wishes to authorize the acceptance of such funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the Town Cemetery Superintendent to engage the services and/or purchase materials from the following vendors toward the Project delineated in the preambles of this Resolution as follows: 1. Curtis Lumber - $ 916.70 - (foundation supplies) 2. Jointa Galusha, LLC - $ 1,741.60 - ( concrete) 3. Maddison's Contracting and Repair - $12,485.00 - (lighting) TOTAL - $14,547.50 and BE IT FURTHER, Regular Town Board Meeting, 10-17-2022, MTG 931 236 RESOLVED, that the Town Board further approves, authorizes and ratifies the Cemetery Superintendent's engagement of Maddison's Contracting and Repair to complete the required lighting work for the Project for an amount not to exceed $12,485 as set forth in Maddison's Contracting & Repair's Quote dated 5-19-22 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that such lighting 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 total amount of$14,547.50 from the Town Cemetery Commission toward this Project, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2022 Town Budget, make any adjustments and/or prepare any documentation necessary to increase appropriations and estimated revenues as follows: • 002-9950-9030 - Transfer to Capital Project - $14,547.50 • 242-0000-55031 - Interfund Revenues - $14,547.50 • 002-0000-52770 - Misc Revenue - $14,547.50 • 242-8810-2899 - Capital Construction - $14,547.50 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 171h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION AUTHORIZING ENGAGEMENT OF RAMBOLL AMERICA'S ENGINEERING SOLUTIONS, INC. FOR MASTER WATER Regular Town Board Meeting, 10-17-2022, MTG 931 237 SUPPLY ANALYSIS OF QUEENSBURY WATER SYSTEM RESOLUTION NO.: 387, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury's Water Superintendent requested proposals for engineering services for preparation of a Master Water Supply Analysis of the Town's Water System (Services), and WHEREAS, the Water Superintendent received and reviewed three (3) proposals, with the lowest,most responsible submitted proposal submitted by Ramboll America's Engineering Solutions, Inc. (Ramboll) and therefore the Water Superintendent has recommended that the Town Board authorize engagement of Ramboll for an amount not exceeding$35,800 as delineated in Ramboll's September 23, 2022 Proposal substantially in the form presented at this meeting, and WHEREAS, the Water Superintendent has advised that there are times when Change Orders may become necessary related to such Services and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a ten-percent (10%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of Ramboll America's Engineering Solutions, Inc. for professional engineering services concerning preparation of a Master Water Supply Analysis of the Town's Water System(Services)for an amount not exceeding $35,800 as delineated in Ramboll's September 23, 2022 Proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to such Services up to aten-percent(10%)contingency or in the total amount not exceeding $3,580 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of$39,380 from the Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 to Engineering Services Account No.: 040-83 10-47 10 to fund such Services, and Regular Town Board Meeting, 10-17-2022, MTG 931 238 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Proposal substantially in the form presented at this meeting and as recommended by Town Counsel and/or any needed agreements and/or documentation and the Town Supervisor, Water Superintendent,Purchasing Agent 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 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 388, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-8020-4711 Reimb. Engineering 15,000 002-9060-8060 Health Ins. 002-8810-4410 Fuel 5,000 002-9060-8060 Health Ins. 002-8810-4100 Telephone 2,500 040-8340-4400 Misc. Contr. 040-8340-2300 Metering Devices 5,000 Increase Rev 004-0000-53501 CHIPS 27,083 Increase Appropriation 004-5112-2899 CHIPS 27,083 Regular Town Board Meeting, 10-17-2022, MTG 931 239 Duly adopted this 17'h day of October, 2022 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO.: OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE RESOLUTION NO.: 389, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture, and WHEREAS,the amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with State regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy and ensure that environmental, public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022 to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and WHEREAS, zoning amendments may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, zoning changes are subject to Warren County Planning Department review in accordance with New York State General Municipal Law §239-m, and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed Zoning Code amendments prior to adoption, and Regular Town Board Meeting, 10-17-2022, MTG 931 240 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, November 21", 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of"Local Law No.: of 2022 to Amend Chapter 179 "Zoning"Of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To Agriculture,"and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Community Development Department to forward the proposed Local Law to the Town Planning Board for review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to submit the proposed Local Law to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to 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 Regular Town Board Meeting, 10-17-2022, MTG 931 241 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 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 171h day of October, 2022, by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Ferone,Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY 2023 PRELIMINARY BUDGET RESOLUTION NO.: 390, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2023, and WHEREAS,the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, Regular Town Board Meeting, 10-17-2022, MTG 931 242 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2023, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the 2023 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, RESOLVED,that the Town Board will conduct a public hearing on Monday,November 7 h, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town's Preliminary Budget, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2023 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2023, which includes the S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk's Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on Monday, November 7th, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law§108 that the proposed salaries of Town of Queensbury elected officials for Year 2023 are as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON(4) 18,000. TOWN CLERK 86,000. TOWN HIGHWAY SUPERINTENDENT 86,000. TOWN JUSTICES (2) 58,588 Regular Town Board Meeting, 10-17-2022, MTG 931 243 For further information or to inspect a copy of the proposed Preliminary Budget, all interested persons may contact the Queensbury Town Clerk's Office, 742 Bay Road, Queensbury at(518) 761-8234 or visit the Town's website at: www.queensbury.net and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 10182022 RESOLUTION NO.: 391, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 10182022 with a run date of 10/13/2022 and a payment date of 10/04/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 10182022 with a run date of 10/13/2022 and a payment date of 10/18/2022 totaling $1,009,486.29, 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 17'h day of October, 2022, by the following vote: Regular Town Board Meeting, 10-17-2022, MTG 931 244 AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer 5.0 CORRESPONDENCE-None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Updated the Town Board on the demolition of 27 Indiana Avenue and mentioned interim decision from the Supreme Court Judge, not allowing occupants to stay there at night as he considers the Towns actions. As an update for the residents, Supervisor Strough and myself will be meeting with the Deputy Sheriff and Code Enforcement to determine the way to proceed to ensure that the neighborhood is represented and their concerns are understood. • Also "Shout Out"to the highway department with handling the sink hole that developed in West Glens Falls Fire Department parking lot. COUNCILMAN FERONE(WARD II1) • Referred to the Town of Queensbury adopt-a-highway program and due to COVID, the program has not been active but hopeful that previously adopted sections of highway will return to the program. Noted interested parties or organizations wishing to do so should contact the Highway department. COUNCILMAN METIVIER(WARD 1) • Congratulated Supervisor Strough on his Blind Rock article. SUPERVISOR STROUGH • Announced the Bay Road culvert is scheduled to be completed by the third week of November. • Spoke regarding the historical significance of the Blind Rock marker and thanked Steve Lovering and his Department for their help in cleaning up the area to make it more accessible. • Reminded the public of the Referendum items for the Volunteer Fire and EMS Service Awards to be on the general election ballot. Reviewed the proposed increases. • Attended the Queensbury Senior Citizens Golden Senior Luncheon and thanked the organization for all their work. • Referred to article from Councilman Ferone which listed eight small NY State towns that are among the worst in America and reported Queensbury is not part of the list. • Congratulated Christian Van Guilder for becoming an Eagle Scout. • Attended World Awareness Children's Museum's Night at the Speak Easy Fundraising event. • Reviewed the Queensbury Residential fall lawn and leaf pick up schedule and requirements. • Announced that at this year's New York Assessors Association Fall Conference our Town Assessor, Teri Ross received the George J. Hill Educator Emeritus Award for many years of distinguished and dedicated service as an instructor for New York State Institute of Assessing Regular Town Board Meeting, 10-17-2022, MTG 931 245 Officers and the IAO Chairwoman's Award for Exceptional Support Service to the New York State Institute of Assessing Officers. Teri, past President of the New York State Assessors Association is highly regarded within the Assessors community. Congratulated and thanked Teri,we're very proud of you. • Spoke about the Warren County Veterans and Queensbury VFW Post 6196 program to support our troops, "You are Not Alone." Care packages are sent to deployed service members. Reviewed the list of items that can be donated and noted they can be dropped off at the Warren County Human Services Building Security Desk. If you would like to add a deployed serviceperson or need more information, contact Councilman Timothy McNulty or Denise DiResta at Warren County Veterans Services. • Recognized the LGA for organizing a very informative conference called the Adirondack Champlain Regional Salt Summit Conference. Reported attending the conference along with Councilman McNulty where we learned about the use of brine instead of salt and sand, more effective and environmentally friendly. Thanked and recognized the following Highway Department employees for also attending; Scott Rowland, Mark DeMers, Pete Smith and Ricky McFarlane. • Thanked the audience, the public for attending, Joel Barlow from Look TV, Town Counsel, Colleen and Betty from the Town Clerk's Office and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 392,2022 INTRODUCED BY: Mr. George Ferone 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 17th day of October,2022,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Freer RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II