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11-21-2022 MTG#34 REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 285 REGULAR TOWN BOARD MEETING MTG#34 NOVEMBER 21, 2022 RES. #418-431 7:02 P.M. BOH. #94-97 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN BOARD MEMBER ABSENT COUNCILMAN ANTHONY METIVIER TOWN OFFICIALS STUART BAKER, SENIOR PLANNER TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON GEORGE FERONE SUPERVISOR STROUGH-Spoke regarding the Town's Budget, breaking down the rate increase for the average assessed house in the Town of Queensbury. Reviewed all of the benefits and services provided to the residents in the Town of Queensbury. 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 418, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 21"day of November, 2022, by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: Mr. Metivier 1.1 Public Hearing- Sewage Disposal Variance Application of Harris Bay Yacht Club REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 286 PUBLICATION DATE: November 10, 2022 SUPERVISOR STROUGH reviewed the proposed application and three variances. Is the agent for the applicant present? Please come forward and identify yourself for the record. ERIK SANDBLOM-Good Evening, Erik Sandblom from SRA Engineers and I'm here with Al Eddy, who is one of the members of the Board of Directors for Harris Bay Yacht Club. The purpose of this request is so that a bathroom facility can be provided for Mike's Marine, which is a boat maintenance operation that leases space from the Yacht Club. They currently operate there and need to walk across the street in order to use the facilities in the Main Club House on the north side of Route 9L. This is to provide them with a facility connected right to their space. It does not constitute an added use on the property; it is just an additional bathroom for the existing, what's currently occurring there now. As described, the design of the facility is to put the waste from the bathroom into a holding tank. There is really no feasible option whatsoever for a compliant septic system. In fact, all the black water from the existing facility goes into holding tanks now. It will be above ground as indicated. It will be located right at the flood stage for Lake George and the Code requires that it be a foot above or anchored and in this case, the tank will be anchored. There is also a request for a plastic tank for really, for convenience and size and the fact that it will have equivalence ability to contain without leaks. Particularly because it will be above ground, it will be observable. It will also be completely secondarily contained. The floor of the bathroom building that it will be located in has a one-foot high concrete curb all the way around with no drains. So there is an added level of protection to provide additional mitigation for the variances that are being requested. Of course, it will be fitted with all of the required float switches and alarms. During high season, the facility gets pumped out every, about every week I believe just because of the high volume that's there. This would be added to that schedule even though the use is expected to be quite a bit less. Employees will still be using the Club House bathroom because they do a lot of their work over on the north side where the boats are. That's one of the reasons we asked for the reduction in the size of the tank as well. By calculation, I think it is fifteen gallons per employee, per day. They will be using it about half of that as much. We feel with all the other contingencies and protection measures that that's a reasonable and sufficient size for the tank. SUPERVISOR STROUGH-Thank you. Questions from the Town Board before I open up the public hearing? COUNCILMAN MCNULTY-No, we went and viewed it on Friday. The new facility, new building and the retaining pitch is really narrow. I think it will be fine. I have no other questions. COUNCILMAN FERONE-I apologize I couldn't make that site visit. But is the tank like a dual tank or dual lined? I mean is it a tank in a tank? So, if there is a leak in the first tank it goes into the other? MR. SANDBLOM-The tank itself is single walled but it will be placed on a concrete surface which will have a dike around it essentially so that the floor system will provide the secondary containment. COUNCILMAN FERONE-How many gallons is the tank? MR. SANDBLOM-500 gallons. COUNCILMAN FERONE-500? The wall is going to be able to prevent 500 gallons from. MR. SANDBLOM-About 600 actually, yes. COUNCILMAN FERONE-Okay. Thank you. SUPERVISOR STROUGH-Okay, no further comments at this time from the Town Board. I will open up the public hearing. Are there any members of the public that wish to speak to this particular application? Please signify your intention to do so. Yes sir. Would you please sit down and we will have you come back up. Identify yourself for the record please. REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 287 CHRIS NAVITSKY-Certainly, Chris Navitsky, Lake George Waterkeeper. Good evening, thank you Mr. Supervisor, Board of Health. I had a question. I know that area, the Harris Bay Yacht Club does get submerged especially during the springtime. I don't know if there is any historical information especially on the south side. I'm not as familiar with the south side to be honest. I know the north side gets inundated. I'm glad I heard that point about raising sidewall elevation to kind of provide some additional information. I'm sorry, additional storage raising that maybe a foot above the flood elevation. Maybe if that information because that wasn't on the plans that I saw. So those are my questions. COUNCILMAN MCNULTY-We saw it John, so it's there. COUNCILMAN FREER-I thought it was at elevation but anchored which was one of the choices. SUPERVISOR STROUGH-Well, it is. It's raised on a concrete pad. Plus it's tied down. MR. NAVITSKY-Plus it's tied down. SUPERVISOR STROUGH-So, yes I have the same concerns that you did because I've seen that area flooded but I think they did a good job designing this. MR. NAVITSKY-Okay, thank you. SUPERVISOR STROUGH-Thank you Chris and congratulations on your 20 year recognition. Alright, would the applicant and the agent please return? Any additional questions or thoughts on behalf of the Board? Alright, how about a motion to approve. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR HARRIS BAY YACHT CLUB RESOLUTION NO.: BOH 94,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Harris Bay Yacht Club (Applicant) applied to the Town of Queensbury Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks, as the Applicant wishes to add a 500 gallon capacity holding tank for use by Applicant's employees at its existing marine maintenance facility on the property, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow the holding tank to be: 1. plastic instead of the required precast concrete; 2. 1.43 times the volume of waste generated between anticipated removal dates instead of twice the volume required; and 3. located 28'± from the Lake George wetland/tributary/surface water instead of the required 50' setback; at its property situated at 2712 State Route 9L in the Town of Queensbury, and REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 288 WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on Monday,November 21", 2022, and WHEREAS,the Town Clerk's Office 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, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of the Harris Bay Yacht Club(Applicant)for a variance from the Sewage Disposal Ordinance to allow installation of a 500 gallon capacity holding tank for use by Applicant's employees at its existing marine maintenance facility on the property situated at 2712 Route 9L in the Town of Queensbury and bearing Tax Map No.: 240.-1-23.1, and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the holding tank to be: 1. plastic instead of the required precast concrete; 2. 1.43 times the volume of waste generated between anticipated removal dates instead of twice the volume required; and 3. located 28'± from the Lake George wetland/tributary/surface water instead of the required 50' setback; and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 289 RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 21"day of November, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Metivier 1.2 Public Hearing- Sewage Disposal Variance Application of Sharon Serini PUBLICATION DATE: November 10,2022 SUPERVISOR STROUGH-Reviewed the proposed application requesting three variances. Please introduce yourself for the record and feel free to expand. NICK ZEGLIN-Good evening, Nick Zeglin with Environmental Design Partnership here with the applicant Mike Serini. We are here tonight seeking three Wastewater Variances for the proposed site development located off of Cleverdale Road at private road number one. We are proposing a gravity fed Eljen Geotextile Sand Filter Absorption Trench System to serve the three-bedroom house. As stated there are three variances requested two side yards, two side yards, two setbacks, one for the front yard and one for side yard both at two feet and ninety-one feet from the neighbor two doors down to the north, ninety-one feet from that neighboring well. So those are the three variances we are asking for tonight. SUPERVISOR STROUGH-Okay, Tim and I did visit the site. We went over this with you and just to tell the public that we did an onsite visit. Questions for the applicant or the applicant's agent from the Town Board? Okay,there is a public hearing. Is there any,you can stay until we see if somebody is interested and then I'll ask you to sit down but a lot of times there isn't. Is there anybody here tonight that wishes to speak to this variance application? Seeing none,I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SHARON SERINI'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 95,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Sharon Serini (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new on-site wastewater treatment system with its components proposed to be located as follows: REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 290 1. Wastewater absorption field to be 91' from the neighboring well in lieu of the required 100' setback; 2. Wastewater absorption field to be 2' from the east property line in lieu of the required 10' setback; and 3. Wastewater absorption field to be 2' from the south property line in lieu of the required 10' setback; on vacant property located on a Private Road 41 off of Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, November 21", 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 Applicant; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Sharon Serini for variances from the Town of Queensbury On-Site Sewage Disposal Ordinance to install a new on- site wastewater treatment system with its components to be located as follows: 1. Wastewater absorption field to be 91' from the neighboring well in lieu of the required 100' setback; 2. Wastewater absorption field to be 2' from the east property line in lieu of the required 10' setback; and 3. Wastewater absorption field to be 2' from the south property line in lieu of the required 10' setback; REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 291 on vacant property located on a Private Road 41 off of Cleverdale Road and bearing Tax Map No: 240.9-1-4, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 21"day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer NOES None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF AL WILLIAMS RESOLUTION NO.: BOH 96,2022 INTRODUCED BY: Mr. Harrison Freer 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 previously 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; and WHEREAS, by Resolution No.: BOH 88, 2022, the Local Board of Health granted such variances, and REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 292 WHEREAS, Mr. Williams has now advised that subsequent to such variance approval, he discovered that one of his neighbors installed a new well approximately 80' from Mr. Williams' proposed new leach field and therefore, Mr. Williams has submitted a new application for an additional variance for his new leach field to be located 80' from his neighbor's 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, December 5 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, 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 21"day of November, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Ferone NOES None ABSENT: Mr. Metivier RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 97,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 17'h day of October, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 293 2.0 PUBLIC HEARING 2.1 Public Hearing-Proposed Local Law No.:—of 2022 to Amend Chapter 179"Zoning" of Queensbury Town Code to Regulate Specific Cannabis Business and Amend Use Requirements Related to Agriculture. PUBLICATION DATE: November 9, 2022 SUPERVISOR STROUGH-In any event, New York State is legalizing or it's legalized cannabis. The use of cannabis, the selling of cannabis, the growing of cannabis and originally they said you can regulate time, place and manner. Okay, in other words when they can be opened, where they can locate and certain distances from other sensitive uses. We thought we would be proactive and make sure that we would develop a Local Law that we think would protect the Community, maintain the quality of the Community and still allow this product to be produced and sold and so forth. This is an ever-changing world. I think our Senior Planner, Stu Baker, has a little word to say about this changing world matter of fact it changed today. Stu,would you share with the public what we're kind of dealing with here. STU BAKER-Yes, certainly. Good evening, I am Stu Baker, I'm the Senior Planner with the Town of Queensbury. The Town Board and I have been working on the local cannabis regulations for about five months now and they have gone through about five iterations at this point. As Supervisor Strough alluded to, it's a rapidly changing environment. New York State is slowly rolling out the administrative guidelines. And, in fact,just this morning,they rolled out more draft administrative guidelines that actually. COUNCILMAN FREER-Yesterday. Yesterday, they published them yesterday. SENIOR PLANNER BAKER-It was yesterday. Okay, yesterday they, the Cannabis Control Board,rolled out a new set of administrative regs which is going to make for light reading and part of the these administrative regs deal with municipal rulemaking including amendments of local zoning ordinances. Consequently, the draft Local Law that's the subject of tonight's public hearing is going to need to be further amended. Specifically, I expect that we'll need to adjust our definitions of sensitive uses, as well as adjust the proposed separation distances between cannabis uses and sensitive uses. Now keep in mind we're talking about local regulation of only two of the approximately fourteen cannabis licenses that New York State will be issuing. We're talking about retail dispensaries, and onsite consumption businesses. Those are the only two cannabis uses out of the fourteen that New York State will issue licenses for that municipalities are explicitly allowed to regulate through the zoning. Furthermore, the State enabling statue limits the Town to regulate most to uses in three manners: time,place and manner. That's it. So consequently,the draft Local Law that's before the Board this evening, and as I mentioned, will be subject to additional revisions. It actually has a fairly limited scope. The Local Law does also amend some of our regulations addressing agricultural uses and that was done for the following reason. I mentioned there's two of 14 cannabis licenses the Town can regulate. The other 12 the Town will need to treat as similar uses to what we already have in the Zoning Code. So cannabis processing plants for example, be treated as the same as any other type of manufacturing facility. Grow operations be they outdoor or indoor will be treated as agricultural uses currently are in the Zoning Code. And with that and with that in mind as we're looking at the different uses the State would license we recognize we need to adjust our some of our regs, use regulations on agricultural uses accordingly. So that's to be included in the Local Law presented to the Board tonight. SUPERVISOR STROUGH-Okay, thank you, Stu. So, I mean, what were we thinking? We may have to change what we were thinking. We were thinking, you know we had definitions, agricultural retail sales, cannabis business, on site consumption, cannabis business retail, commercial nursery. And we had to define park, publically owned attractive land. So then we, you know,nurseries for example, had to be 10 acres in size. They needed to include a management REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 294 plan for pesticides, herbicides, fertilizers. Such plan shall include application storage, surface water, groundwater quality protection, and the Planning Board review would be required. Onsite cannabis consumption or consumption cannabis businesses and retail cannabis businesses. Such businesses would not be located within 1,500 feet of another onsite consumption cannabis business or retail cannabis business. Onsite consumption cannabis business or retail cannabis business shall not be located within 1,000 feet of the following uses we consider to be sensitive uses; Addiction Treatment Providers, Amusements Centers, Campgrounds, Daycare Centers, Daycare Homes, Health Related Facilities, Parks, Places of Worship, Playgrounds, Public or Semipublic buildings, Schools and Pharmacies licensed under title eight. Hours of operations would be not before 9am or after 9pm Monday through Saturday and not opened before 12pm or remain open after 6pm on Sunday. We had lighting and security discussions and requirements, special use permits would have been granted. We talked about even with the agricultural use you will need a special use permit that agricultural retail sales would be allowed in Land Conservation or Rural Residential Zones only. Commercial Nursery would be a Special Use Permit in a Commercial Light Industrial Zone. Cannabis Business, cannabis businesses onsite consumption and retail would only be allowed in Commercial Intensive Zones. Alright, having said all that,you've heard Senior Planner Baker and myself. I'm going to have a public hearing. We want to see if the public has anything to tell us or say to us but if Town Counsel, Mark Schachner, given that there might be significant changes in the Law, do I leave the public hearing opened or do I close it after tonight? TOWN COUNSEL SCHACHNER-You can leave the public hearing, the Board can leave the public hearing opened if it wishes but I think that staffs recommendation is to have the public hearing this evening on the proposed Local Law draft that's before us this evening. Close that public hearing with the expectation that there'll be another public hearing open for the new round of amendments when the Local Law is revised. I believe that staff's recommendation and we're 100 percent comfortable if you want to do that. SUPERVISOR STROUGH-And then after we set the second round and the State makes changes will go to the third round. TOWN COUNSEL SCHACHNER-Yes, hopefully not but that may be. The advantage of opening and closing the public hearing this evening on the current law is proposed is, although I can't imagine this happening under any circumstance, if for some reason there are not significant or not changes down the road in the draft law, then we'll have had our public hearing. SUPERVISOR STROUGH-Okay. TOWN COUNSEL SCHACHNER-That's not going to happen but. SUPERVISOR STROUGH-Alright, that's the recommendation, Senior Planner Baker, made too. Alright, so let me open up the public hearing. Anybody here want to share any thoughts about something that may not exist? Or not in the same pattern it is but if you have something, thoughts to share with us we'd like to hear them. Alright. COUNCILMAN MCNULTY-John, I do have a question. Stu your initial review of the changes and you laid out a little bit of it. Are we, we opted to not opt out based on certain assumptions in the Town, in terms of controls that we would have in terms of locations, the criteria you discussed. COUNCILMAN FREER-Time, place and manner. COUNCILMAN MCNULTY-Right. Is there any, would we have an opportunity if the rules say change so drastically, to change our opting out or our current position? REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 295 SENIOR PLANNER BAKER-I'm not entirely sure but my gut reaction would be no. I think the decision point time for opting in and out, has come and gone. TOWN COUNSEL SCHACHNER-Right, it was December 31, 2021 and there's not, at current time, there's no proposed reopening of that decision. COUNCILMAN MCNMULTY-But Counsel you understand my... TOWN COUNSEL SCHACHNER-I do. COUNCILMAN MCNULTY-Okay so the only,the only option would be through the Association of Towns or something to go lobbying for a change, to open up that period again I guess. TOWN COUNSEL SCHACHNER-And that could happen but as of now, that opportunity's not there. COUNCILMAN MCNULTY-Okay, but he also didn't see anything, taking away total control of the place, time and whatever. TOWN COUNSEL SCHACHNER-That's not what the new regulations are suggesting. COUNCILMAN MCNULTY-Okay, I haven't read them. TOWN COUNSEL SCHACHNER-There may be a tightening, but the concept of allowing local regulations of time, place and manner seems to be surviving thus far. COUNCILMAN MCNULTY-Okay, thank you. SENIOR PLANNER BAKER-Yes, in fact, the new regs, administrative regs from the Cannabis Control report specifically state that. COUNCILMAN FREER-Let's be clear, let's be clear that these are not regulations yet right it's just a draft. TOWN COUNSEL SCHACHNER-Correct, there's a public.. COUNCILMAN FREER-So there's going to be public hearings on the on the.. TOWN COUNSEL SCHACHNER-There's a 60 day public comment period on the draft regulations, that's correct. COUNCILMAN FREER-So they're not regulations yet. TOWN COUNSEL SCHACHNER-That's correct. COUNCILMAN FREER-It's just a draft and the reason that they put them out here is because they've been, a lot of pressure open and approve retail sales before the end of the year because they approved sales of agriculture and that crop has been harvested but they have no place to sell it. And today, the same commission that issued those draft regulations yesterday, approved 37 retail establishments for cannabis. They have to go through a couple more drills in order to get the lights on so there's a lot of, I'll say back and forth on this whole thing. But I just want to be clear that this, the draft regulations that were released yesterday, require 60 day period and if you do the math you can't get from here to there with that review,to make those laws, even regulations REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 296 in place regulations by the end of the year. So there's some wheeling and dealing here now. You said you reviewed them. Is there egregious places that we've been over barring or overzealous? SENIOR PLANNER BAKER-Well I need to discuss that further with Town Legal Counsel, as you know we've been working with Attorney Jackie White and she was unavailable today. I think we are going to, it looks to me after my initial review of the strapped administrator regs that we'll need to review and adjust our list of sensitive uses. As well as adjust the, our proposed separation distances between the two cannabis businesses, retail and onsite consumption and those sensitive uses. There may be another area or two that will need adjustment as well. TOWN COUNSEL SCHACHNER-If I could add to that answer? We all work together, Attorney Mark Schachner actually is available today, he is right here. So the, from our perspective, we would expect, I don't know if tweaking is the right word, we would expect the likelihood of modifications that would be what we might describe as modifications of degree, not of kind. COUNCILMAN FREER-Right. TOWN COUNSEL SCHACHNER-In other words, not, we don't expect to eliminate. We don't expect it's likely that staff will suggest or we suggest, elimination of entire categories of types of things we propose to regulate. But they'll have to be, it looks like some refinement of the proposed regulations. Would that be a fair summary from your perspective? SENIOR PLANNER BAKER-Yes. Yes, I agree. COUNCILMAN FREER-Okay, so my other comment is just for Mark that line three, the things we say consistent with State regulations. I think we want to say in accordance with State regulations. I already passed that to Stu but I think that is more correct. SENIOR PLANNER BAKER-Yes, Councilman Freer is referring to page one of the Local Law section one, intent, we are five lines down striking consistent and inserting in accordance. TOWN COUNSEL SCHACHNER-There's no legal distinction. We don't care. SUPERVISOR STROUGH-My concern is we do have some parties interested in locating in Queensbury and since we don't have any regulations, theoretically a place could locate where we would find it very undesirable such as next to a kids playground. Can we, I'm wondering should we, could we have a moratorium until the State gets its rules and regulations together so that we can prevent somebody from coming forward at this time until we get our rules and regulations in place? TOWN COUNSEL SCHACHNER-It's unlikely that a moratorium would be considered regulating on time, place and manner. But in any event, you certainly can't do that tonight. SUPERVISOR STROUGH-No, no. TOWN COUNSEL SCHACHNER-Right, right. SUPERVISOR STROUGH-I'm thinking out loud for us. TOWN COUNSEL SCHACHNER-Right. We can look into that if you'd like but our off the cuff thought would be it's unlikely that a moratorium would be considered by the State. That would be considered regulation of time, place and manner. SUPERVISOR STROUGH-Yes but it's kind of unfair for the State to put us in this position. REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 297 COUNCILMAN FREER-Or we could pass a law right now and let the State argue with us right? I mean that's the alternative but I would rather see you expedite a turnaround for another draft. I don't think that is going to be a problem, if we can get a public hearing scheduled soon. SUPERVISOR STROUGH-Yes but you were just saying the State could be talking about this back and forth before they settled anywhere and that could be into next year. COUNCILMAN FREER-No, they're being pushed hard to move forward. SUPERVISOR STROUGH-Well if we had a moratorium until the State got its rules and regulations in place so that we could respond accordingly, I just don't see what's wrong with that, but... COUNCILMAN FREER-Because it's not time,place and manner, right. That is why, that is what the lawyer said we could do and that's what we have to do. SUPERVISOR STROUGH-I'd argue in a courtroom the State put us in an awkward situation that was the only sensible way of dealing with it. Okay. Something to think about. COUNICLMAN MCNULTY-Thank you for answering my question. SUPERVISOR STROUGH-Alright, I see no interest at this time in a public hearing. I'll close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-No action taken. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES -GLENWOOD AND HAVILAND AVENUES WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 419,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by replacing approximately 2500 feet of 8" unlined cast iron water main on Glenwood Avenue REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 298 between Quaker and Bay Roads and approximately 900 feet of failing 6" ductile iron pipe on Haviland Avenue between Richardson Street and Edgewater Road (Project), in accordance with Town Law §202-b, and WHEREAS, by Resolution No.: 261,2021, the Town Board accepted a total of $2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant Funds from the New York State Department of Budget, such Recovery Funds to be used in accordance with the terms and conditions to be set forth by the New York State Department of Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 and the Town Board wishes to use these Recovery Funds for this qualifying infrastructure investment Project, and WHEREAS, the Town's Water Superintendent requested proposals for professional Design, Bidding and Construction Phase Engineering Services (Services) related to the Project and by Resolution No.: 373,2021, the Town Board authorized engagement of Delaware Engineering, D.P.C. (Delaware) for such Services, and WHEREAS, Delaware has prepared an Engineer's Report issued October 2022 concerning the Project together with an estimate of its cost, a copy of which Engineer's Report is duly filed in the Queensbury Town Clerk's Office and made available for public inspection and presented at this meeting, and WHEREAS, as detailed in the Map and Plan, this is a maintenance and repair project involving no substantial changes in an existing structure or facility, and therefore a Type 11 action under 6 NYCRR Section 617.5(c)(1) of the State Environmental Quality Review Act (SEQRA) regulations and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a Town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The project is a SEQRA Type II action pursuant to 6 NYCRR Section 617.5(c)(1) and therefore the project is not subject to SEQRA review. 2. The proposed improvements consist of the replacement of approximately 2,300 linear feet of 8" unlined cast iron water main on Glenwood Avenue between Quaker and Bay REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 299 Roads and approximately 950 linear feet of failing 6" ductile iron pipe on Haviland Avenue between Riverside Drive and Edgewater Place. 3. The estimated cost of such improvements is $2,453,710. 4. The cost of the improvements will be funded by ARPA Funds and paid from Capital Project No.: 241. 5. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 6. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center,742 Bay Road, Queensbury,New York at 7:00 p.m., on Monday, December 5 h,2022 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 7. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b. Duly adopted this 21"day of November, 2022 by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION OF DETERMINATION THAT CULVERT REPLACEMENT PROJECT ON LUZERNE ROAD AT CLENDON BROOK IS A SEQRA TYPE II ACTION RESOLUTION NO.: 420,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 292, 2022, the Queensbury Town Board authorized the CULVERT NY, Town of Queensbury for Culvert NY, Luzerne Road over Clendon Brook, PIN 1762.11 project as the Town seeks to replace the existing 7-foot CMP culvert carrying Clendon Brook beneath Luzerne Road with a new 8-foot concrete box culvert in the same location, with other aspects of the project including temporary stream diversion, subsurface utility replacement, REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 300 and associated roadway and guardrail improvements in the vicinity of the work area (the "Project"), and WHEREAS, 6 NYCRR Section 617.5 (Title 6 of the New York Code of Rules and Regulations) under the State Environmental Quality Review Act (SEQRA) provides that certain actions identified in subdivision (c) of that section are not subject to environmental review under the Environmental Conservation Law, and WHEREAS,the Queensbury Town Board, as Project sponsor and owner, has reviewed the Project and criteria contained in 6NYCRR Section 617.5(c) which describes activities qualifying as Type II actions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board determines that the CULVERT NY, Town of Queensbury for Culvert NY, Luzerne Road over Clendon Brook,PIN 1762.11 Project is a Type II Action as per 6 NYCRR Part 617.5(c)(2) "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part," and that the Project will not cause significant adverse environmental impacts and no additional review under SEQRA is required, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and take any actions to effectuate the terms of this Resolution. Duly adopted this 21"day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING TOWN OF QUEENSBURY INCIDENT RESPONSE PLAN RESOLUTION NO.: 421, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 301 WHEREAS, the Queensbury Town Board wishes to adopt a computer cybersecurity Incident Response Plan which Plan would outline procedures that the Town could use to respond to various cybersecurity events and incidents, and WHEREAS, the Town's cyber consultant has prepared an Incident Response Plan and the Town Board wishes to adopt it in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury 2022 Incident Response Plan in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any necessary documents to implement the 2022 Incident Response Plan and authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take all other actions necessary to effectuate the terms of the Incident Response Plan and this Resolution. Duly adopted this 21" day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT : Mr. Metivier RESOLUTION AUTHORIZING CONSULTING AGREEMENT WITH EMERGENCY MANAGEMENT RESOURCES, LLC FOR CONSULTING SERVICES RELATING TO TOWN EMERGENCY MEDICAL SERVICES RESOLUTION NO.: 422,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,by previous Resolution(s),the Queensbury Town Board authorized engagement of Emergency Management Resources, LLC (EMR) for provision of billing and collection of emergency services and the Town has been pleased with EMR's services, and WHEREAS, EMR has provided the Town with a Consulting Agreement for consulting services relating to the Town's emergency medical services including issues pertaining to EMS paid staffing/pay for service, for a two (2)year term commencing as of January 1, 2022, and REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 302 WHEREAS, the Town Board wishes to engage EMR for such consulting services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the Consulting Agreement with Emergency Management Resources, LLC (EMR) for consulting services relating to the Town's emergency medical services for a two (2) year term commencing as of January 1, 2022, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2022 and 2023 Town Budgets to transfer $10,000 from Unappropriated Undesignated EMS Fund Balance 005-0000-0909-4981 to Consultant Account No.: 005-3410-4720-4981 for 2022 and 2023 and take all other actions necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Consulting Agreement substantially in the form presented at this meeting and/or any other necessary documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 21" day of November, 2022 by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ENGAGEMENT OF LABELLA ASSOCIATES FOR TECHNICAL SERVICES ASSOCIATED WITH WORK PLAN AND COMPREHENSIVE SCOPE OF SERVICES RELATED TO WATER QUALITY IMPROVEMENT PROGRAM GRANT IN SUPPORT OF ROCKHURST COMMUNITY SEWER PROJECT RESOLUTION NO.: 423,2022 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 303 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board is considering establishing a North Queensbury/Rockhurst Community Sewer District (District) in accordance with New York State Town Law Article 12-A, and WHEREAS, by Resolution No.: 270.2019,the Town Board accepted up to $25,000 in Grant funding from The Fund for Lake George toward establishment of the District to be used toward the cost of engineering studies and/or preparation of a Map,Plan and Report, and WHEREAS, by Resolution No.: 62.2020, the Town Board authorized engagement of The Chazen Companies, now known as LaBella Associates (LaBella) for technical services associated with the development of an Engineering Report and Map, Plan and Report for the proposed District and by Resolution No.: 244,2021, authorized their technical services associated with the preparation of a Water Quality Improvement Program(WQIP) Grant in support of the District, and WHEREAS, the Town Board wishes to again engage LaBella for technical services associated with the preparation of a work plan and a comprehensive scope of services to support the WQIP Program in support of the District for a sum not to exceed 29,400 in accordance with LaBella's November 7, 2022 letter proposal submitted at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of LaBella Associates for technical services associated with the preparation of a work plan and a comprehensive scope of services to support the Water Quality Improvement Program WQIP Program in support of the possible establishment of the North Queensbury/Rockhurst Community Sewer District for a sum not to exceed 29,400 in accordance with LaBella's November 7, 2022 letter proposal substantially in the form submitted at this meeting, and BE IT FURTHER, RESOLVED, that payment for The Chazen Companies' services shall be paid from Engineering Account No.: 001-1440-4720-0038 and shall be reimbursed as a cost of the improvement to the extent designated by the Town Board if the District is established, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $29,4000 from General Fund Undesignated Fund Balance REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 304 Account No.: 001-0000-0909 to Engineering Account No.: 001-1440-4720-0038 and take any other actions needed to provide for payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 3 TO SERVE 1533 QUEENSBURY, LLC PROPERTY RESOLUTION NO.: 424,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury 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, REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 305 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 such Easements have been accepted for recording in the Warren County Clerk's Office, 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 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, on Monday, October 17'', 2022, the Town Board duly held a public hearing concerning Extension No.: 3, duly heard all interested persons, considered the evidence and information, and in accordance with provisions of the State Environmental Quality Review Act, by Resolution No.: 380, 2022 determined that Extension No.: 3 would not have a significant effect on the environment and approved a Negative Declaration concerning environmental impacts, and WHEREAS, on October 17'', 2022 the Town Board adopted Resolution No.: 381,2022 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within proposed Extension No.: 3 would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of proposed Extension No.: 3 and(d) it is in the public interest to REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 306 establish, authorize, and approve Extension No.: 3 as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of Extension No.: 3 to be as described in the Map, Plan and Report and Public Hearing Order, subject to Permissive Referendum in the manner provided in New York State Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to Permissive Referendum and no Petition for Referendum was bled within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS,the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS,the Town Board wishes to establish proposed Extension No.: 3 as detailed in the Map,Plan and Report in accordance with New York State Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Greater Queensbury Consolidated Sanitary Sewer District Extension No.: 3 be established as described in this Order and in the Map,Plan and Report prepared by Hutchins Engineering, PLLC having extension boundaries as detailed in the metes and bounds description from the Town's Public Hearing Order Resolution No.: 358,2022 dated September 26 h, 2022 and attached hereto as Schedule A and the improvements described in the Map,Plan and Report as already constructed and existing and the service within the District continue to be provided, and BE IT FURTHER, ORDERED,that the Queensbury Town Board hereby authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Warren County Clerk's Office and filed in the Office of the New York State Department of Audit and Control in the time and manner required by law, and BE IT FURTHER, ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 21" day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 307 NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING PROMOTION OF JARED BETHEL FROM LABORER TO LIGHT MOTOR EQUIPMENT OPERATOR IN TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 425,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Town of Queensbury's Parks and Recreation Director(Director)has advised that there is currently a vacancy in the Light Motor Equipment Operator (LMEO) position in the Town Parks and Recreation Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Director posted for such position, and WHEREAS, Jared Bethel, a current full-time employee within the Department requested a promotion to the position, and WHEREAS, the Director and Town Recreation Commission recommend that the Town Board authorize the promotion of Jared Bethel from Laborer to LMEO as Mr. Bethel has met the qualifications and has the required job experience for the position, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Jared Bethel from Laborer to Light Motor Equipment Operator (LMEO) effective on or about January 1,2023 at the rate of pay specified in the Collective Bargaining Agreement between the Town and CSEA for the LMEO position subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Parks and Recreation Director and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of November, 2022 by the following vote: REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 308 AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 426,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 $ 001-0000-0909 Fund Balance 234-8540-2899 Computer Software 47,100 001-0000-0909 Fund Balance 001-1680-4400-217 Misc. Contr. Azure 40,000 001-1990-1010 Contingency 0011330-1010 Salaries 15,000 001-1680-2031 Hardware 001-1680-4335 Software Subscr. 12,000 001-1910-4200 Property Liab 001-1680-4800 Equip. Repairs 5,800 001-3120-1010 Salaries 001-3020-4400 Misc Contractual 1,000 040-9060-8060 Health Insurance 040-8030-4410 Fuel 20,000 Duly adopted this 21"day of November, 2022 by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT : Mr. Metivier RESOLUTION AUTHORIZING ADDITIONAL PAYMENT TO BURDEN AQUATICS FOR FEES RELATED TO PROVISION OF HERBICIDE TREATMENT FOR LAKE SUNNYSIDE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 427,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 309 SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 83, 2022, the Queensbury Town Board authorized engagement of Burden Aquatics for an Aquatic Vegetation Management Program for Lake Sunnyside in 2022 providing for herbicide treatment for control of Eurasian water milfoil within portions of Lake Sunnyside up to a total cost of $27,150 in accordance with Burden Aquatics' February 7 h, 2022 proposal, and WHEREAS,the Lake Sunnyside Aquatic Plant Growth Control District Advisory Committee (Committee)requested that Burden incur additional costs outside the scope of Burden's February 7 h, 2022 proposal including the New York State permit fee of$100 and additional fees totaling $800 related to downloading GPS way points and creating a PDF file map, for a total additional cost of $900, and WHEREAS, the Town Board wishes to authorize these additional costs and payment due to Burden, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes additional payment in the amount of$900 to Burden Aquatics relating to the Aquatic Vegetation Management Program for Lake Sunnyside in 2022 for the additional fees/costs incurred by Burden as delineated in the preambles of this Resolution to be paid from Lake Sunnyside Misc. Contractual Account No.: 052- 8790-4400, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to take all actions to amend the Town Budget and transfer$900 from the Lake Sunnyside Undesignated, Unassigned Fund Balance 052-0000-0909 to the Lake Sunnyside Misc. Contractual Account No.: 052-8790-4400 and increase the budget by such amount, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Accountant to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 310 ABSENT: Mr. Metivier RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF F250 TRUCK FOR TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 428, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, in accordance with Resolution No.: 348, 2022, the Town of Queensbury's Purchasing Agent provided specifications to the New York State Office of General Services Procurement Program and published an advertisement for bids for a 2022 or newer F250 Truck for the Parks and Recreation Department(Truck)to replace a year 2011 truck with 106,000 miles (Town Asset No.: 8953), such Truck described in bid documents/specifications prepared by the Parks and Recreation Director(Director) and/or Town Purchasing Agent, and WHEREAS, on November 15'h, 2022, the Purchasing Agent duly received and opened all bids received by the Town for the Truck, and WHEREAS, on November 171h, 2022 the Purchasing Agent received bid information for the Truck from the New York State Pro Vehicle Market Place, and WHEREAS, the Director and Purchasing Agent reviewed all received bid information and have recommended that the Town Board authorize the bid award to the lowest,responsible bidder, VanBortel Ford, Inc., for an amount not to exceed $42,737.66, and WHEREAS, the Director has requested authorization to purchase needed ancillary equipment to make the truck Parks and Recreation Department ready for a total amount not to exceed $3,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a 2023 F250 Truck to the lowest,responsible bidder, VanBortel Ford, Inc., for a total amount not to exceed $42,737.66, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 311 RESOLVED,that the Town Board further authorizes and directs the Parks and Recreation Director to purchase needed ancillary equipment to make the truck Parks and Recreation Department ready for an additional amount not to exceed $3,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such truck and equipment shall be from Equipment Vehicle Replacement Capital Project Fund No. 195, Account No.: 195-1640-2020, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the truck being replaced identified as a 2011 truck with 106,000 miles (Town Asset No.: 8953) in the Parks and Recreation Department and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21" day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 11222022 RESOLUTION NO.: 429,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 11222022 with a run date of 11/17/2022 and a payment date of 11/22/2022, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 312 RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 11222022 with a run date of 11/17/2022 and a payment date of 11/22/2022 totaling $184,850.92, 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 21"day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier RESOLUTION RESTATING APPOINTMENT OF MARY PALACINO AS ALTERNATE MEMBER OF TOWN ZONING BOARD OF APPEALS RESOLUTION NO.: 430,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury previously established the Town's Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and WHEREAS, by Resolution 402, 2022, the Town Board, in part, appointed Mary Palacino as an Alternate Member of the ZBA, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives, and Ms. Palacino is the mother of Catherine Deck, Office Specialist in the Building and Codes Department, and WHEREAS,the Town Board wishes to acknowledge this disclosure as required, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby restates and authorizes its appointment of Mary Palacino to serve as an Alternate Member of the Queensbury Zoning Board of Appeals until such term expires on December 31", 2028. REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 313 Duly adopted this 21"day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: Mr. Metivier 5.0 CORRESPONDENCE-NONE 6.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) CLAYTON BARTLETT-Spoke regarding the tax increase, stating he has never seen a tax hike like this before. He has paid taxes in three different states. Noted that he is retired and concerned they are going to continue increasing. SUPERVISOR STROUGH-We have put a band aide on the EMS situation but decided to face it this year. We did not foresee the inflation and gas prices doubling. If you compare our taxes to other communities we are still one of the lowest. MR. BARTLETT-I have a list of things I do not have: street lights, water, sewer, and a speed limit sign on my road. I pay my taxes. I just don't want them to keep rising. COUNCILMAN MCNULTY-I didn't support the budget last year because they didn't include money to improve the EMS. Our system was about to break. We did not have enough crews and what crews we did have were leaving. I have been reminded by many people that Republicans don't support tax increases. Republicans do support good Government and support Essential Services. I don't know what is going to be in the budget next year but I guarantee you I am not going to support it unless it has to do with Essential Services. MR. BARTLETT-Hasn't the Fire Department and the Emergency Medical, always been volunteer? SUPERVISOR STROUGH-We do have volunteers in the Fire Department. We are very thankful for our volunteers. They put a lot of time in. They have to have the support of their families. If you get a call you have to drop what you are doing to respond. These volunteers are saving us a lot of money and provide an excellent service. So we need to be thankful. COUNCILMAN FREER-Stated that the training associated with maintaining the EMS standards has gone up. Our Town is much larger than it was ten years ago. There is a level of expectation that when you call for an ambulance one will be there. The City of Glens Falls will support us if our ambulances are out and vice versa but it was not even. The City demanded that we live by the spirit of the law that we are staffed to cover our emergency responses. COUNCILMAN FERONE- The other issue is retaining these people. So that skill set is very much in demand so not only do our local Squads look for those people so do every hospital, doctor's office. MR. BARTLETT-Is there an incentive? Can you give them an incentive to stay? COUNCILMAN FREER-That's what we did and that's why the taxes went up. MR. BARTLETT-Well, not only cash, I mean tax reduction. COUNCILMAN MCNULTY-The only incentive that we offer the volunteer EMS and Fire is a retirement. It is $700 but will be going up to $1200 in the next four years. The Fire Fighters have to buy their own uniforms. In order to get the retirement they have to have 50 points and it is hard to get. This is the only thing that we offer them now. REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 314 CLAYTON T. BARTLETT-I moved back here after 28 years in Colorado,I want to know if we have millions of dollars in the tax surplus. SUPERVISOR STROUGH-There is not. We do not get our revenue all at the same time, we need some money upfront. We have three months of your standard bills in the bank. We have put some fund balance towards this budget because we had a lot to deal with, inflation, EMS. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN FREER(WARD II) • Announced that the Lake George Park Commission is going hold a public hearing tomorrow at 4:00 at the Fort William Henry on their sewer inspection regulations. • Stated a barrel of gas went below $80. • Happy Thanksgiving everybody. Be safe. Enjoy family and friends for the holiday. COUNCILMAN FERONE(WARD III) • Happy Thanksgiving to everybody. • Referred to budget discussions and noted that is was a long thought out process with the EMS Services. I feel good that we did this and there will be an ambulance there if you do call 911. The increase is unfortunate but you cannot put a price on a human life. COUNCILMAN MCNULTY(WARD IV) • Spoke about the quality of life in Queensbury, noting the Town is now going through our Comprehensive Master Plan Review. Now is the time for residents to talk about where they see Queensbury for years. We will have a booth at the hockey game to get the public involved. On November 30th we will have an open public quorum to see where the residents see Queensbury in the future. Please attend. We encourage your involvement. It is a virtual meeting. You can visit the website for more information. • Thanked Town Counsel for keeping the Board informed on 27 Indiana Avenue. We expect a ruling this week. SUPERVISOR STROUGH • Congratulated Nathaniel Mack on becoming an Eagle Scout last Sunday. • Spoke regarding Chris Navitsky's 20 years of protecting Lake George. • Showed photo of person who continues to ride motorized vehicle through the water shed. You are not allowed to have unauthorized motorized vehicles in the water shed. • Reviewed the Queensbury lawn pickup for Wards 1 and 2; last pickup this week. • Spoke regarding the HEAP Applications and noted that it opened up on November 1st Warren DSS is encouraging residents to get their applications in as soon as possible. You can apply online or if you need any assistance, you can call 518-761-6338. • Attended the Chapman Museum Wine and Chocolate Fundraiser. • I delivered pizzas for all the people who worked the elections. • Thanked Councilman McNulty for volunteering to represent the Town in developing the new Comprehensive Master Plan. • Thanked Councilman Ferone for working with him on EMS. • Thanked the public for coming, Joel Barlow and Look TV, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 431, 2022 INTRODUCED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 11-21-2022, MTG#34 315 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. Duly adopted this 21" day of November, 2022, by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: Mr. Metivier RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I