Loading...
12-05-2022 MTG #35 Regular Town Board Meeting, 12-05-2022, MTG935 316 REGULAR TOWN BOARD MEETING MTG#35 DECEMBER 5th, 2022 RES. #432-449 7:02 P.M. BOH #98-100 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE TOWN BOARD ABSENT COUNCILMAN TIMOTHY MCNULTY (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 COUNCILPERSON ANTHONY METIVIER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 432, 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 from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 51h day of December, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF AL WILLIAMS RESOLUTION NO.: BOH 98,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION Regular Town Board Meeting, 12-05-2022, MTG935 317 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, 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 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 19'', 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 5 h day of December, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 12-05-2022, MTG935 318 Town Board held discussion and it was agreed to approve the following proposed resolution as written with the brackets removed and condition kept in the resolution: RESOLUTION GRANTING ROBERT AND LOUISE GILCHRIST EXTENSION OF TIME TO COMPLETE REPLACEMENT WASTEWATER SYSTEM ON PROPERTY LOCATED AT 2483 STATE ROUTE 9L RESOLUTION NO.: BOH 99,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS,by letter dated November 29,2022,Nicholas Zeglen,P.E.,on behalf of Robert and Louise Gilchrist (Applicants) advised that due to delays in obtaining the required APA permit and difficulties in finding a contractor, Applicant is unable to arrange for installation of the replacement wastewater system on Applicants'property located at 2483 State Route 9L in the Town of Queensbury (Tax Map No.: 240.6-1-10) and therefore, Applicant has requested that the Town Board grant additional time, until May 1st, 2023, to complete such work and extend the date on which the $2,000 escrow deposit Applicants previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to May 1st, 2023, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Robert and Louise Gilchrist additional time or until May 1st, 2023to obtain Regular Town Board Meeting, 12-05-2022, MTG935 319 a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for installation of the replacement wastewater system located on property at 2483 State Route 9L, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of May 1st, 2023 as delineated in this Resolution, with the condition that the property shall not be utilized for rental until and unless the new replacement wastewater system is installed, and BE IT FURTHER, RESOLVED,that the Town Board, as the Town's Local Board of Health, further authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 51h day of December, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT : Mr. McNulty RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 100,2022 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 5th day of December, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT — 3 MINUTES) NO PUBLIC COMMENT 3.0 RESOLUTIONS ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED Regular Town Board Meeting, 12-05-2022, MTG935 320 WATER DISTRICT FACILITIES -GLENWOOD AND HAVILAND AVENUES WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 433,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 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 Regular Town Board Meeting, 12-05-2022, MTG935 321 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 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 19'', 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 5 h day of December, 2022 by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS - GREATER GLENS FALLS TRANSIT SYSTEM AND TOWN OF QUEENSBURY FOR 2023/2024 Regular Town Board Meeting, 12-05-2022, MTG935 322 RESOLUTION NO.: 434,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System) which provides transit bus service within portions of Saratoga, Warren and Washington Counties, and WHEREAS, the Town of Queensbury's current Transportation Agreement with the Transit System will expire as of December 31", 2022 and the Transit System has submitted a new Transportation Agreement for January 1,2023 through December 31,2024 to the Town for approval, and WHEREAS, such Agreement provides for the continuance of an Advisory Transportation Committee consisting of two members from the Transit System and two members from each participating community, and historically the Town of Queensbury's two representatives have been the Town Supervisor and Senior Planner, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Transportation Agreement between the City of Glens Falls' Greater Glens Falls Transit System and Town of Queensbury presented at this meeting for an amount of$61,525 annually for 2023 and the amount for 2024 will be set by the Advisory Committee in 2023 (on which the Town has two representatives),to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the appointment of the Town Supervisor and Senior Planner as the Town of Queensbury's representatives on the Greater Glens Falls Transit System Advisory Transportation Committee, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor to execute the Regular Town Board Meeting, 12-05-2022, MTG935 323 Agreement and the Town Supervisor, Senior Planner and/or Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION REAPPOINTING RICHARD CIPPERLY AS MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 435, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury previously established the Town's Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, Richard Cipperly's term on the Zoning Board of Appeals will expire as of December 31", 2022 and Mr. Cipperly has expressed his wish for reappointment, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby reappoints Richard Cipperly to serve as a member of the Queensbury Zoning Board of Appeals until his term expires on December 31, 2029. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH BUILDING PERMIT PROCESS RESOLUTION NO.: 436,2022 Regular Town Board Meeting, 12-05-2022, MTG935 324 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Town of Queensbury Ordinance No. 30 and its subsequent Amendments provide in Section 5 for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS, the Town's Acting Director of Building and Codes Enforcement has recommended that the Town Board amend Ordinance No. 30, Section 5, to raise certain fees associated with the building permit process as specifically set forth in the Proposed Fee Schedule presented at this meeting, and WHEREAS, the Town Board wishes to schedule a public hearing concerning the proposed Amendment to Ordinance No. 30, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 19th, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens regarding the proposed Amendment to Ordinance No. 30, Section 5 to increase fees associated with the Town of Queensbury building permit process, such proposed fee increases to be effective as of January 1st, 2023, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town in the manner provided by law. Duly adopted this 5th day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION #4 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE OLDE COACH MANOR, 565 BAY ROAD RESOLUTION NO.: 437,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION Regular Town Board Meeting, 12-05-2022, MTG935 325 SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the Olde Coach Manor located at 565 Bay Road in the Town of Queensbury, New York(Tax Map No.: 296.11-1-45) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report has been prepared by IBL Engineering Associates (Map, Plan and Report) concerning the proposed Sanitary Sewer District Extension 44 (Extension 44) 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 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 44, 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, Part I of a Short Environmental Assessment Form has been prepared and presented at this meeting and the engineer has indicated that it is an Unlisted Action and the Action will undergo an Uncoordinated Review, NOW, THEREFORE, IT IS HEREBY ORDERED: I. The boundaries of the proposed Extension 44 are as set forth in the Map, Plan and Report and as follows: PARCEL I All that certain plot, place or parcel of land, situate in the Town of Queensbury, Warren County, New York, being part of Lot 38 in the First Division of the Queensbury Patent and located on the west side of County Road No. 7, also known as the Bay Road, in said town, and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of the Bay Road where said westerly bounds are intersected by the northerly line of lands conveyed to John M. Hughes by Emil and Bertha Yagar by deed dated December 30, 1975, and recorded in the Warren County Clerk's Office in Book 593 of Deeds, page 1021, and which point of beginning is situate at a distance of 789.73 feet, northerly, measured along said westerly bounds from the Regular Town Board Meeting, 12-05-2022, MTG935 326 northerly line of the town highway known as Walker Lane; RUNNING THENCE from the place of beginning, North 84 degrees 07 minutes west, along the northerly line of said lands conveyed by Yagar, for a distance of 747.42 feet, more or less, to the northwesterly corner of the said lands conveyed by Yagar; THENCE North 87 degrees 11 minutes west, along a wire fence marking the northerly bounds of lands now or formerly of John H. Dorlon, for a distance of 533 feet, more or less, to a point in the easterly line of lands now or formerly of the Ethyl Chesbro Estate; THENCE North 10 degrees 50 minutes east, along a stone wall and wire fence marking the easterly line of said lands of the Chesbro Estate, for a distance of 473 feet, more or less, to a point in the southerly line of lands of Bray Terminals, Inc.; THENCE South 82 degrees 51 minutes east, along the remains of a wire fence marking the southerly line of said lands of Bray Terminals Inc., for a distance of 1062.3 feet, more or less, to the northwesterly corner of lands conveyed by Mary L. Spector to John M. Hughes by deed dated February 6, 1978, and recorded in the Warren County Clerk's Office in Book 611 of Deeds, page 940; THENCE South 06 degrees 27 minutes west, along said lands conveyed by Spector, for a distance of 100 feet; THENCE South 82 degrees 51 minutes east, along the southerly bounds of said lands conveyed by Spector, for a distance of 185 feet, more or less, to the westerly bounds of the Bay Road; THENCE South 07 degrees 11 minutes west, along Bay Road, for a distance of 315 feet, more or less, to the point of beginning, and containing 12.18 acres, more or less. PARCEL II All that certain plot, place or parcel of land, situate in the Town of Queensbury, Warren County, New York, being part of Lot 38 in the First Division of the Queensbury Patent and located on the west side of County Road No. 7, also known as the Bay Road, in said town, and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of Bay Road at the southeasterly corner of lands conveyed by the Glens Falls Country Club to Bray Terminals, Inc.,by deed dated October 10, 1980 and recorded in the Warren County Clerk's Office in Book 634 of Deeds, page 610; RUNNING THENCE from the point of beginning, South 07 degrees 11 minutes west, along the westerly bounds of Bay Road, for a distance of 100 feet, more or less, to the northeasterly corner of lands conveyed by Edward L. Nadeau. SCHEDULE A Referee to John M. Hughes, by deed dated June 5, 1970 and recorded in said Clerk's Office in Book 523 of Deeds, page 229; THENCE North 82 degrees 51 minutes west, along said lands conveyed by Edward L. Nadeau, Referee, for a distance of 185 feet, more or less, to a point in the easterly line of lands conveyed by William and Claire Aronson to John M. Hughes by deed dated February 26, 1968 and recorded in said Clerk's Office in Book 491 of Deeds, page 491; THENCE North 06 degrees 27 minutes east along said lands conveyed by Aaronson, for a distance of 100 feet, more or less, to the northeast corner thereof, Regular Town Board Meeting, 12-05-2022, MTG935 327 THENCE South 82 degrees 51 minutes east, along the above described lands of Bray Terminals, Inc., for a distance of 186.5 feet, more or less to the point of beginning and containing 0.42 of an acre, more or less. ABOVE PREMISES ARE MORE CURRENTLY DESCRIBED AS FOLLOWS: All that piece or parcel of property situate in the Town of Queensbury, County of Warren, State of New York and being bounded and described as follows: BEGINNING at a iron pin at the intersection of the westerly boundary of Bay Road, County Road No. 7, with the northerly boundary lands now or ormerly of Michael P. Homenick and James P. Merrigan, said pin being located approximately 789 feet northerly measured along the said westerly boundary of Bay Road from the northerly boundary of the Town highway known as Walker Lane; and RUNNING THENCE from said point of beginning North 84 degrees 07 minutes 00 seconds west along the said northerly boundary of lands now or formerly of Michael P. Homenick and James P. Merrigan, the northerly boundary of lands now or formerly of Jeffrey and Debra Foss, and the northerly boundary of lands now or formerly of Baywood Realty Associates, LLC 753.17 feet to an iron pin; THENCE North 87 degrees 39 minutes 40 seconds west along the northerly boundary of lands now or formerly of Raybrook II, LLC 536.54 feet to an iron pin in the easterly boundary of lands now or formerly of David R. and Priscilla G. Petta; THENCE North 11 degrees 33 minutes 40 seconds east along the said easterly boundary of lands now or formerly of David R. and Priscilla G. Petta,the easterly boundary of lands now or formerly of Charles R. Barton, III and Kim B. Barton and the easterly boundary of lands now or formerly of Christopher and Eva M. Detmer 473.04 feet to an iron pin in the southerly boundary of lands now or formerly of the James G. Marshall Revocable Trust; THENCE South 82 degrees 57 minutes 03 seconds east along the said southerly boundary of lands now or formerly of the James G. Marshall Revocable Trust 1248.80 feet to an iron pin in the first mentioned westerly boundary of Bay Road, County Road No. 7; THENCE South 06 degrees 48 minutes 30 seconds west along the said westerly boundary of Bay Road, County Road No. 7,412.19 feet to the point of beginning, containing 12.567 acres of land, being the same more or less. 2. The proposed improvements consist of installation of approximately 1,845 LF of new 6" sanitary sewer lateral, five manholes and 10 building connections at Olde Coach Manor. The new lateral will connect all existing sanitary facilities (42 apartments, three laundry rooms and an office)to the existing 12"public sewer main on Bay Road. A single connection is proposed for the entire complex. All approximately 16 septic tanks and 16 disposal fields at the Facility will be retired and closed in accordance with the Greater Queensbury Consolidated Sanitary Sewer District, DOH, NYS DEC and Town of Queensbury regulations. 3. The facilities for this Sanitary Sewer District Extension 44 to be constructed and capital costs associated with this Extension 44 are estimated to be approximately $422,750 to be paid for by Olde Coach Manor. The cost of hook-up and permit fees is estimated to be $10,033. Regular Town Board Meeting, 12-05-2022, MTG935 328 There will be no construction costs to the Town. Olde Coach Manor will be required to maintain all of its sewer infrastructure to the point of connection to the existing sewer main. No dedication of infrastructure will be necessary for this Extension 44. 4. The estimated annual cost of the Extension 44 to the developed parcel would be calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also available on the Town of Queensbury Website: w.w.w..queensbury a. There is no "typical property" which is a one or two family home in such proposed District as the one commercial lot/subject property is the only property in this Extension 44 and the "typical property." The cost of operation and maintenance would include the costs to operate, maintain, and supply the sewer system and is reflected in sewer rent charges. Based on an estimated annual usage of 1,242,000 gallons per year and an existing operation and maintenance rate of $5.50 per 1,000 gallons, the Olde Coach Manor yearly amount would be $6,825 per year, paid quarterly. The Town also imposes a property's share of the Greater Queensbury Consolidated Sanitary Sewer District's debt service using a benefit tax. The estimated units are three units per acre plus one unit for each apartment for a total of 82 units which would result in an estimated benefit tax of$1,906. The calculation of$6,825 annually plus the benefit tax would come to approximately $8,731 annually. The Olde Coach Manor property is the only property in this Extension 44 so it is the mode/typical property. 5. Olde Coach Manor will pay all costs of the improvements including the one-time buy-in cost and Town connection fee, so there will be no financing required by the Town on behalf of the District or otherwise. 6. A detailed explanation of how the estimated costs of the Extension 44 were computed is included in the Map,Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report 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. 8. 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, December 19'', 2022 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 9. 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 §209-d, and complete or arrange for the securing of Regular Town Board Meeting, 12-05-2022, MTG935 329 two(2)Affidavits of Publication of Notice and two(2)Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 10. The Town Board hereby declares that this action is an Unlisted Action pursuant to 6 NYCRR 617 et. seq., and will perform uncoordinated review of this Project. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT FOOTHILL BUILDERS' PETITION FOR CHANGE OF ZONE TO QUEENSBURY PLANNING BOARD RESOLUTION NO.: 438, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Foothills Builders submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about September 9, 2022 to allow for a change of zoning district designation for a parcel identified as Tax Map No: 303.5-1-79 from Commercial Intensive (CI) to Moderate Density Residential (MDR), and WHEREAS, by the same application Foothills Builders is requesting a Zoning Code amendment to allow multifamily dwellings in the MDR zoning district at a density of eight (8) dwelling units per acre subject to: (a) a minimum lot area of five (5) acres; (b) the lots being served by both municipal water and municipal sewer; and (c) ingress and egress to the property shall be limited to arterial and collector roads, and WHEREAS, the Town Board discussed the application at their Workshop meeting on November 17, 2022, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board will review the Regular Town Board Meeting, 12-05-2022, MTG935 330 application and take such other actions as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board review and comment on the proposed zoning changes requested by Foothill Builders as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Planning Board review and comment is requested to address the following questions: (1)Are multifamily dwellings consistent with the purpose of the MDR zoning district? (2)Would six units per acre be more in accord with the intent of the MDR zoning district? (3) Would a minimum lot size of 10 acres for multifamily dwelling projects be more appropriate in the MDR zoning district? and(4) Should access be required from two arterial or collector roads for such large multifamily dwelling projects?; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward Foothill Builder's application received by the Town Clerk's Office on or about September 9, 2022 to the Queensbury Planning Board for review, report and recommendation on the proposed zoning change, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 5 h day of December, 2022 by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO. OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION OF A PORTION OF TAX MAP PARCEL NO.: 309.17-1-3 Regular Town Board Meeting, 12-05-2022, MTG935 331 RESOLUTION NO.: 439, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, JP Gross Properties LLC, LLC QPGP) submitted a zoning change application to the Queensbury Town Clerk's Office on or about August 17, 2022 to allow for a change of zoning district designation of a 4.03 acre portion of land located at 84 Eagan Road identified as Tax Map No.: 309.17-1-3 from Waterfront Residential(WR)to Commercial Light Industrial(CLI), and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022 to change the zoning district designation for a portion of a parcel identified as Tax Map No.: 309.17- 1-3 from Waterfront Residential (WR) to Commercial Light Industrial (CLI) as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revision"), and WHEREAS,the Town Board,by Resolution No.: 359, 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 November 15, 2022,the Planning Board accepted SEQRA Lead Agency status and issued a Negative Declaration, and WHEREAS, at the same meeting, the Planning Board also issued a favorable recommendation on the proposed zoning change, and WHEREAS, the Town Board, by Resolution No.: 359, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on October 4, 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, 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, December 19'', 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of "Local Law No.: of 2022 A Local Law To Amend Chapter 179 `Zoning' of Regular Town Board Meeting, 12-05-2022, MTG935 332 Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation of a Portion of Tax Map Parcel No.: 309.17-1-3,"and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2022. Duly adopted this 51h day of December, 2022, by the following vote: AYES Mr.Ferone,Mr. Strough,Mr.Metivier,Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2023 FIRE PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC. Regular Town Board Meeting, 12-05-2022, MTG935 333 RESOLUTION NO.: 440,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co.,Inc., South Queensbury Volunteer Fire Co.,Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc. have negotiated terms for a new one(1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning the proposed 2023 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2023 fire protection services Agreement between the Town of Queensbury and the West Glens Falls Volunteer Fire Co., Inc., on Monday, December 19'', 2022 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten(10) days prior to the Public Hearing. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 441,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION Regular Town Board Meeting, 12-05-2022, MTG935 334 SECONDED BY: Mr. Harrison Freer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-3989-4400 Misc. Contractual 100 001-0000-0909 Fund Balance 001-7020-1010 Salaries 50,000 01-1990-4400 Contingency 001-7550-4533 Celebrations 2,000 002-9060-8060 Health Insurance 002-9010-8010 NYS Retirement 850 004-0000-0909 Fund Balance 004-5110-1010 Salaries 40,000 004-9060-8060 Health Insurance 004-5110-1020 OT Salaries 10,000 004-9060-8060 Health Insurance 004-9010-8010 NYS Retirement 5,000 030-0000-0909 Fund Balance 030-9901-9128 Transfer to a Fund 69,300.44 033-0000-0909 Fund Balance 033-9901-9128 Transfer to a Fund 26,351.51 036-0000-0909 Fund Balance 036-9901-9128 Transfer to a Fund 933,741.34 037-0000-0909 Fund Balance 037-9901-9128 Transfer to a Fund 237,548.96 Duly adopted this 5 h day of December, 2022 by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE LAKE GEORGE ASSOCIATION TOWARD ESTABLISHMENT OF ROCKHURST SEWER DISTRICT RESOLUTION NO.: 442,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Lake George Association (LGA) is an organization dedicated to the protection and safeguarding of Lake George, its water quality and the overall health of the Lake George Watershed and has awarded certain grant funding related to projects to help protect Lake George's water quality, and Regular Town Board Meeting, 12-05-2022, MTG935 335 WHEREAS, the Queensbury Town Board is considering establishing a North Queensbury/Rockhurst Community Sewer District(Project), and WHEREAS, the LGA wishes to grant $45,000 to the Town toward such Project, and WHEREAS, the Town wishes to accept such Grant funds to be used toward the costs of engineering studies and/or preparation of a Map,Plan and Report, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts up to $45,000 in Grant funding from The Lake George Association (LGA) toward establishment of a North Queensbury/Rockhurst Community Sewer District to be used toward the cost of engineering studies and/or preparation of a Map,Plan and Report, and BE IT FURTHER, RESOLVED, that the Town Board further increases estimated revenues and expenses as follows: • Increase Revenue in Other Economic Assistance Account No.: 001-0000-51989- 0038 by $45,000; and • Increase Expenses in Engineering Account No.: 001-1440-4720-0038 by $45,000; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to increase such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and The LGA and/or any other needed documentation and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer Regular Town Board Meeting, 12-05-2022, MTG935 336 NOES : None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ACCESS AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO.: 443, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,by Resolution No.: 382,2021,the Queensbury Town Board authorized Access and Confidentiality Agreements between the Town and the New York State Department of Environmental Conservation (DEC) granting DEC certain rights of access and use of the Queensbury Landfill Site located at 1396 Ridge Road so that DEC may undertake its Site Characterization —Remedial Investigation/Feasibility Study authorized by Town Board Resolution No.: 198, 2021, and WHEREAS,by letter dated November 14,2022,DEC has advised the Town that it is seeking access to two Town parcels on which to conduct its Site Characterization activities identified as: 1) 279.1.16 located on Jenkinsville Road (such parcel listed in the first authorized Access Agreement between the Town and DEC); and 2) tax map parcel 279.-1-21 located at the Town's Ridge- Jenkinsville Park, and WHEREAS, the Town of Queensbury wishes to grant DEC such access on the terms substantially similar to those granted by Resolution No.:382,2021, including the condition that DEC will meet with Town contacts at the parcel(s) during planning phases to ensure that any drilling locations and surface well construction(s) do not impede with site activities, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Supervisor to sign any needed Access Agreement between the Town of Queensbury and the New York State Department of Environmental Conservation and/or Property Owner Acknowledgement/Consent Form relating to the properties described in the preambles of this Resolution in form acceptable to the Town Supervisor and/or Town Counsel, and BE IT FURTHER, Regular Town Board Meeting, 12-05-2022, MTG935 337 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Counsel to take any further actions necessary to effectuate the terms of this Resolution. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TRI-COUNTY LITERACY CENTER, INC. RESOLUTION NO.: 444,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the Town to provide remedial reading services to Town of Queensbury adult residents with reading difficulties and therefore wishes to enter into an agreement with Tri-County Literacy, Center,Inc.,for the provision of these services, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Tri-County Literacy Center, Inc. for the year 2022 with funding for the Agreement not exceeding the sum of $7,500 and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account(s) as will be determined by the Town Supervisor and/or Town Budget Officer. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION SETTING PUBLIC HEARING ON 2023 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. Regular Town Board Meeting, 12-05-2022, MTG935 338 RESOLUTION NO.: 445,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS,the Town's Agreements with its three(3)Emergency/Rescue Squads,Bay Ridge Rescue Squad, Inc.,North Queensbury Rescue Squad, Inc. and West Glens Falls Emergency Squad, Inc. will expire as of December 31, 2022, and WHEREAS, in such Agreements the Town and Emergency/Rescue Squads agreed that the terms and provisions of the existing Agreements may continue during the interim period pending execution of new Agreements, and WHEREAS, the Town and West Glens Falls Emergency Squad, Inc. have negotiated terms for a new one (1) year Agreement for general emergency ambulance services for 2023 and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall duly conduct a public hearing concerning a proposed new emergency ambulance services Agreement for 2023 between the Town of Queensbury and West Glens Falls Emergency Squad, Inc. on Monday, December 19'', 2022 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten(10) days prior to the Public Hearing. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty Regular Town Board Meeting, 12-05-2022, MTG935 339 RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 12062022 RESOLUTION NO.: 446, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 12062022 with a run date of 12/01/2022 and a payment date of 12/06/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 12062022 with a run date of 12/01/2022 and a payment date of 12/06/2022 totaling $605,573.35, 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 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty RESOLUTION ACKNOWLEDGING AND ACCEPTING THE INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES OF QUEENSBURY TOWN COURT FOR YEARS ENDED DECEMBER 31, 2021 AND 2020 RESOLUTION NO.: 447, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 295,2019, the Queensbury Town Board engaged the services of BST & Co. CPAs, LLP to provide cash receipts and disbursement services to the Town of Queensbury for the years ending December 31, 2019, 2020, 2021, 2022 and 2023, and Regular Town Board Meeting, 12-05-2022, MTG935 340 WHEREAS, the New York State Uniform Justice Court Act §2019-a and Town Law §123 set forth annual reporting, accounting and audit requirements for Town Courts, and WHEREAS, the Town Board has reviewed BST & Co. CPAs, LLP's Independent Accountant's Report on Applying Agreed-Upon Procedures pertaining to the Queensbury Town Court for the years ended December 31, 2021 and 2020 and the Town Board wishes to acknowledge and accept the Report as having fulfilled the Town Board's responsibility to audit the Town Justices' records, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the Independent Accountant's Report on Applying Agreed-Upon Procedures of the Queensbury Town Court for the years ended December 31, 2021 and 2020 as required by New York State Uniform Justice Court Act§2019-a and Town Law §123 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a copy of such Report with a certified copy of this Resolution to the New York State Unified Court System via email to: Joan Casazza, Chief Internal Auditor at: icasazza&ycourts. gov or via I" class mail to: Daniel Johnson, Chief Internal Auditor NYS Unified Court System, 2500 Pond View, Suite LLO1 Castleton-on-Hudson,NY 12033 and the Town Supervisor, Town Clerk, Town Justices 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 51h day of December, 2022, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO BAY RIDGE RESCUE SQUAD, INC. & NORTH QUEENSBURY RESCUE SQUAD, INC. UNDER CURRENT AGREEMENTS RESOLUTION NO.: 448,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 12-05-2022, MTG935 341 WHEREAS,general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad,Inc., (Squads) in accordance with agreements between each Squad and the Town, and WHEREAS,the Town's agreements with the Squads will expire on December 31, 2022, and WHEREAS, in such agreements the Town and Squads have agreed that the terms and provisions of the existing agreements may continue during the interim period pending execution of new agreements, and WHEREAS, the Town is in the process of negotiating terms of new 2023 Agreements with the Squads but it appears that Agreements with the Bay Ridge Rescue Squad, Inc., and/or the North Queensbury Rescue Squad, Inc.,will not be finalized by December 31, 2022, and WHEREAS, the Bay Ridge Rescue Squad, Inc., and North Queensbury Rescue Squad, Inc. may face cash flow shortages before new Agreements can be executed and therefore the Town Board wishes to authorize advance payments under the current Agreements, which if new Agreements are entered into will constitute advance payments on the 2023 respective Agreements to the Bay Ridge Rescue Squad, Inc., and North Queensbury Rescue Squad, such advances to be deducted from contract payments to be paid if and after the 2023 Agreements are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payments of 1/12 h of the 2022 Contract Amounts for operations and paid staffing to the Bay Ridge Rescue Squad, Inc., and North Queensbury Rescue Squad, Inc., (Squads) under their current respective 2022 Agreements, which payments will constitute advance payments on the new 2023 general emergency ambulance services Agreements if such Agreements are entered into, and BE IT FURTHER, RESOLVED, that should a new emergency ambulance services 2023 Agreements not be entered into by January 31", 2023, then the Town Board authorizes the Town Supervisor to approve additional payments constituting 1/12'h of the 2022 Contract Amount to the Squads during February, March and April, 2023, if necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreements and take such other and further actions as may be necessary Regular Town Board Meeting, 12-05-2022, MTG935 342 to effectuate the terms of this Resolution. Duly adopted this 5 h day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. McNulty 4.0 CORRESPONDENCE-None 5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) NO PUBLIC COMMENT 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1) • Referred to the Bay Road Culvert project and noted that the guardrails are being placed this week and the road opening shortly thereafter. COUNCILMAN FREER(WARD II) • Referred to the 2023 budget and an email being circulated regarding the Town Board raising taxes. It is littered with half-truths and outright falsehoods. The perception of rubber stamping it,under estimating revenues and over estimating our expenses is irresponsible. We are doing what we should be doing,the right thing. We had to address our EMS staffing and mutual aid is not the answer. Read letter with mutual aid data provided by the Glens Falls Mayor. I am willing to continue with these discussions. I hope that this has raised some awareness to some of the slanted back and forth about our attitudes and responsibilities as the Town Board. COUNCILMAN FERONE(WARD II1) • Thanked Councilperson Freer for addressing some of those issues. • Spoke regarding mutual aid, the additional time added that could mean life or death. Providing the additional funding for the EMS Squads was the right thing to do. • Referred to the traffic radar speeding signs the Town has available for neighborhoods that are concerned with speeding issues. SUPERVISOR STROUGH • Referred to the successful and well attended Annual Holiday Event held last Friday. Thanked all who helped. Recognized the following donors and helpers; The Tavern and the Sokols family, Red Lobster, Stewarts, Marshall and Sterling, SUNY Adirondack, Fairfield, Five Guys, Cool Beans, Harvest and the Hart family, Holiday Inn, Upstate Agency, Market 32, Minogues,Bay Meadow,Hannaford,D'Ella Auto Group,Lake George Steamboat Company, Walmart, Pirate's Cove. All of the Queensbury Fire Companies and EMS Services were helping. StoredTech and the Town Board members were there working very hard. Town employees;Craig Brown,Jessica Lulana,Teri Ross,Tammie Landers,Colleen Rathbun,Greg France, Audra Way, Shauna Baker, Maria Gagliardi, Karen Dwyer, Tyson Converse, Laura Moore and Dean Moore. Chuck Rice and his whole team; Gary, Fran, Russ, John and Jack. The Girl Scout Troop 3160. The Glens Falls High School Honor Society; Sophie Regular Town Board Meeting, 12-05-2022, MTG935 343 Campopiano, Ava Snyder, Mandolin Charette, Ava Bell, Lauren Weil, EmyLou Richards were all there helping out. Sarah LeRoux of SUNY Adirondack, Haun Welding Supply, Angelinas Pizza. Santa Claus was Richard Spoerl, Mrs. Clause was Betsy Brown. It was a wonderful event and experience. • Attended the Comprehensive Land Use Plan zoom meeting along with committee members, Harrison Freer and Tim McNulty and noted there were a lot of good comments from the public. • The biker is still accessing the watershed property and he needs to stop. (picture shown) • Announced the upcoming World University Winter Games and the Torch Relay which will be stopping in Queensbury on January 10h. • Announced that the Queensbury Senior Citizens will be traveling this Wednesday to NYC and the Rockefeller Center to see this year's Christmas tree which came from Queensbury. I will be traveling with them and we are planning a group picture in front of the tree. • Announced the winter brochure and listed many of the programs offered by the Queensbury Parks and Recreation Department. • As recipient of the S.T.A.R. Award, I want to thank the Lake George Regional Chamber of Commerce for their recognition. • Announced award given to Dave Strainer from Cornell Cooperative Extension as friend and supporter of the educational programs offered by Cornell Cooperative Extension. • Announced free compost materials at the Ridge Road Transfer site. • Received a thank you note from the Youth Center to the Town Board and folks of the Town of Queensbury for the $12,000 community funds received for the youth center. • Referred to EMS services and cited article, `Rotterdam fears EMS Collapse'. This is all over New York State,not just Queensbury. We decided this year to fix the problem, some people understand and other folks don't. Another article, `EMS Taskforce Continues to Look for Solutions to Strengthen the Ambulance Service',this comes out of Albion, October 26,2021. • Thanked members of the public, Look TV, Town Attorney Mark Schachner, Town Clerk Caroline Barber and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 449,2022 INTRODUCED BY: Mr. Harrison Freer 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 5th day of December,2022,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone NOES: None ABSENT: Mr.McNulty RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY