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12-19-2022 MTG #37 Regular Town Board Meeting, 12-19-2022, MTG#37 346 REGULAR TOWN BOARD MEETING MTG #37 December 19, 2022 RES. #451-475 7:02 P.M. BOH #101-102 LL #14 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS Chris Harrington, Water Superintendent& Director of Wastewater Rich Paris, Transfer Station Superintendent PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 451, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 191h day of December, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 1.1 Public Hearing- Sewage Disposal Variance Application of Al Williams PUBLICATION DATE: DECEMBER 8,2022 SUPERVISOR STROUGH reviewed the proposed application and the two requested variances. Noted an email received in support of the proposed application from Frank and Erin Steinbach. The Regular Town Board Meeting, 12-19-2022, MTG#37 347 applicant is present. We've gone through this, are there any new questions or new information that the Town Board needs from the applicant? COUNCILMAN MCNULTY-No, I'm good. COUNCILMAN FEREONE-No. SUPERVISOR STROUGH-Alright,I will open the public hearing. Is there any member of the public that wishes to speak to this sewage disposal variance request? Tim do we have anybody visiting us? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Okay, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING AL WILLIAMS' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 101,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Al Williams previously applied to the Local Board of Health for variances from Town of Queensbury On-Site Sewage Disposal Ordinance 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 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, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, December 19'', 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners Regular Town Board Meeting, 12-19-2022, MTG#37 348 within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variance,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 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 Al Williams for variances from the Sewage Disposal Ordinance 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 3. 80' from his neighbor's well instead of the required 100' setback; on property located at 23 Sunset Lane in the Town of Queensbury and bearing Tax Map No: 226.19- 2-8, 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 any lawful action by the Adirondack Park Agency during such period. Duly adopted this 19'h day of December, 2022, by the following vote: Regular Town Board Meeting, 12-19-2022, MTG#37 349 AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 102,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone 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 19t'day of December, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 PUBLIC HEARINGS 2.1 Public Hearing — Proposed Improvements of Queensbury Consolidated Water District Facilities —Glenwood and Haviland Avenues Water Main Replacement Project PUBLICATION DATE: DECEMBER 9,2022 SUPERVISOR STROUGH-Reviewed the proposed improvement project. CHRIS HARRINGTON-Yes, thanks John, Chris Harrington, Town of Queensbury Water Superintendent and Director of Wastewater. We asked the Board there about a year ago, we got some ARPA money and I did ask the Board to consider infrastructure in Queensbury. We have a pretty good system, not a perfect system. We do have some areas in the Town that give us problems. We took care of a big one there a couple years ago on Ridge Road. We used an innovative technology. We lined pipe and that actually worked out well and the next project or problem area where, that I really wanted to address was Glenwood Avenue. We had a water main break there in I think 2017, right in front of the Court house, caused mayhem, they had to shut the court down, we had to close the road and we, it's one of those things that when we look at water main repair you are always kind of like what's the impact you know? How many people does it effect? How many businesses? How does it affect your transmission? So that's a pretty important one. And for years also we've been fighting water quality issues. People in Westwood, they are connected to that main and no matter what we do we can never get the water clean. So it's not their main. That's the issue. It's a private main in Westwood but they're connected to our main on Glenwood which was put in 1949 and it has tuberculation and pretty much what happens in the old cast iron mains is that they, we pull this stuff out. This is you know the inside of a water main. We flush there back and forth. We did some ice picking which is a thing that some people have done with success and that was good for a couple years and voila reappears. They get dirty water. We have to put some kind of bleeder on the end of the system where we are running thousands and thousands of gallons every day in order to keep the water moving to keep it clean. So a combination of it being on a main road, a county road combination of it being 1949 combination of you not being able to keep the water clarity. We felt it was a good candidate to replace the pipe. So we have the engineering report that was prepared Regular Town Board Meeting, 12-19-2022, MTG#37 350 under 202b and we're going to probably directional drill a pipe and reconnect all the service connections. That's the first part of it. I forget John, was it 2,900-3,000 feet? SUPERVISOR STROUGH-It is 2,500 feet plus the 900 feet. MR. HARRINGTON-Right well that's on Glenwood okay so its ... (recording inaudible) SUPERVISOR STROUGH-And then on Richardson, or between Haviland Avenue and Richardson. MR. HARRINGTON-Right. So we are going to take care of Glenwood, get that pipe out of the road put it on the side of the road, do a directional drill and open to traffic and MPT, Maintenance Protection Traffic and hopefully get that old water main out of the system and give the people in Westwood some ... (inaudible). It's always, Chris, we got another water complaint, oh let me guess where it's from, okay it's from Glenwood so we are going to take care of that. The second job is... COUNCILMAN MCNULTY-Chris if I can ask a question? MR. HARRINGTON-Sure. COUNCILMAN MCNULTY-But is the true fix of Westwood, for them to replace their pipeline? MR. HARRINGTON-No,their pipe is a cement lined pipe. Their pipe is fine so once we fix our problem they are going to have clear water. COUNCILMAN MCNULTY-Okay thanks for that. MR HARRINGTON-Theirs is not the issue and that's the whole kind of thing, is like it is your problem but it's not your problem you know so once we do this they are going to have clear water and we can stop wasting water as we are now to keep it clear. COUNCILMAN MCNULTY-Thank you. MR. HARRINGTON-So the second job is we want to take care of a ... in front of this gentleman's house, three different times digging up his front yard for a water main that is failing. It was put in in the early 80s, six inch ... lined pipe it, it's laid ground that is not conducive to pipe to pipe material. We're going to replace this pipe and were going to do something called bagging it. We're going to put a protective covering over it and we're going to replace this about 1000 feet down there in front of this gentleman's house and get rid of that pipe. We could tell if you go down you kind of hit pipe and it's punky you know graphitization so it's in poor shape and I think anybody here, if a pipe broke in front of your house like three different times, I think you'd be a little irritated. And you don't want it to happen a fourth time so I'm hoping we can fix that, that with a new pipe so that we don't have a fourth break in front of this gentleman's house. So I think it's a good way to put the money to, the engineers estimated 2.4 million for both of these projects. I think that's high, I guess we'll find out. The world economy or the Nation's economy is really not the same as it was before Covid. We are seeing pricing that is unbelievable so I'm not sure. So they estimate and I asked them to take a really good look at it and they came back with 2.4 million dollars again. So I have a hard time believing it but we'll see that's the engineer's estimate. So I think these two projects will be good to again take care of some of these issues that we have. SUPERVISOR STROUGH-And we're using ARPA funding for this which is the American Rescue Plan Act. MR. HARRINGTON-Yes. SUPERVISOR STROUGH-And we'll be going out to bid if this gets approved by the Town Board and we'll find out. MR. HARRINGTON-Yes, we have to go out to bid, before ... go out to bid. January, we want, we have the opportunity to give two different contractors a chance to bid it. One is more of a Regular Town Board Meeting, 12-19-2022, MTG#37 351 directional job and one's more of a digging job, which maybe O'Connor or Galusha or Tom Kubricky. So we kind of felt it would be best because you got, to spread the wealth a little bit so we're going to have two contracts and hopefully it will be a spring job and I cross my fingers, hope to get a decent contractor and hopefully it goes smoothly. SUPERVISOR STROUGH-Any questions from the Town Board, before I open the public hearing? COUNCILMAN FREER-Just a comment that the people have been worried about clear water up there for a while so I'm very, very supportive of fixing this. MR. HARRINGTON-It's been a long time. SUPERVISOR STROUGH-Is there any member of the public that wishes to speak to this proposed authorization for improvements of our water district on Glenwood and Haviland Avenues? COUNCILMAN MCNULTY- John we do have a question online. SUPERVISOR STROUGH-What's the question? COUNCILMAN MCNULTY-It's a hand raised. He wants to speak, Travis Whitehead. SUPERVISOR STROUGH-Okay. COUNCILMAN MCNULTY-No, keep going. TRAVIS WHITEHEAD-Okay I just got unmuted, can you hear me? COUNCILMAN MCNULTY-Yes Travis. SUPERVISOR STROUGH-Yes, we can hear you. TRAVIS WHITEHEAD-Yes, I was just wondering, you mentioned that the... SUPERVISOR STROUGH-Please introduce yourself for the matter of the record. MR. WHITEHEAD-Travis Whitehead. SUPERVISOR STROUGH-Thank you. MR. WHTEHEAD-You mentioned that the funding would be coming from your ARPA. Can you tell us why the water budget is going up 47 percent? SUPERVISOR STROUGH-Well, I'm not sure what it has to do with this particular project Travis, this particular Resolution. That seems to be a question that would be a valid question for the time when we have during this meeting and others we open it up to general discussions on any Town topic so I don't know if that has a, particular application to what's in front of us today. You can argue that it does and I'll give you the opportunity to do so. MR. WHITEHEAD-I'm arguing that it does. I just would like to know if this is coming out of the Town Budget or coming out of the ARPA funds. SUPERVISOR STROUGH-This is coming out of ARPA Funds. MR. WHITEHEAD-That's a, that's all, thank you. SUPERVISOR STROUGH-Okay. Alright anybody else? Yes, I can't read that. COUNCILMAN MCNULTY-Hand down, we're good. SUPERVISOR STROUGH-Yes but I've got to move him back over. Regular Town Board Meeting, 12-19-2022, MTG#37 352 COUNCILMAN MCNULTY-His hands down, he's muted. SUPERVISOR STROUGH-But I can't read what it says. KEVIN MALINOSKI (StoredTech)-If you just click off in the white area all the way off to the right it should go away. (Recording inaudible) SUPERVISOR STROUGH-Okay one more opportunity for members of the public to speak to this proposal? Alright I'll close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING PROPOSED IMPROVEMENTS OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES - GLENWOOD AND HAVILAND AVENUES WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 452, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 Regular Town Board Meeting, 12-19-2022, MTG#37 353 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, on December 5t', 2022, subsequent to the filing of the Map and Plan with the Town Clerk, the Town Board adopted Order No.: 433,2022 (Public Hearing Order) reciting (a) the proposed improvements; (b) the estimated amount proposed to be expended for the improvements; (c) the fact that an Engineer's Report describing the improvements is on file in the Town Clerk's Office; and(d)the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was duly held on Monday, December 19t', 2022 and the Town Board has considered the evidence given together with other information, 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), WHEREAS, the cost of the improvements will be funded by ARPA Funds and paid from Capital Project No.: 241, and WHEREAS,the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, and NOW, THEREFORE, BE IT RESOLVED,that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to improve the 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 Regular Town Board Meeting, 12-19-2022, MTG#37 354 between Richardson Street and Edgewater Road in the Queensbury Consolidated Water District as described in the Map and Plan on file with the Queensbury Town Clerk, such improvements generally being 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 in the Town of Queensbury; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Map and Plan and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Transportation; 3. the obtaining of any necessary permits or approvals from Warren County; 4. the preparation of definite plans, specifications, a careful estimate of the expense and a proposed contract for the execution of the work and adoption thereof by the Town Board; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Engineer's Report, in an amount estimated not to exceed $2,453,710, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None Regular Town Board Meeting, 12-19-2022, MTG#37 355 2.2 Public Hearing — Proposed Extension #4 to Greater Queensbury Consolidated Sanitary Sewer District to Serve Olde Coach Manor, 565 Bay Road PUBLICATION DATE: DECEMBER 8,2022 SUPERVISOR STROUGH-Okay, we'll have the public hearing and then we'll do SEQRA and then we have 22b which is to approve and we do have a couple of people. Would you please introduce yourself for the public and feel free to explain the project to us and the public? JIM COX-Great thank you Jim Cox, I'm counsel for the applicant, Olde Coach Manor, I am here with Nick Tisenchek who's the engineer who facilitated the drafting, the Map, Plan and Report. SUPERVISOR STROUGH-Alright and Nick you last name was again NICK TISENCHEK-Nick Tisenchek, IBL Engineering. SUPERVISOR STROUGH-Would you spell it from me? MR. TISENCHEK-T.LS.E.N.C.H.E.K SUPERVISOR STROUGH-Thank you. MR. TISENCHEK-Yes ATTORNEY COX-Thank you, what we're seeking is an extension of the boundary line from the Greater Queensbury Consolidated Sewer District which would be extended to include the Olde Coach Manor located at 565 Bay Road. That facility consists of 42 residential units which are currently being serviced by aging septic systems. So what we are looking to do at no cost to the Town is to have those systems retired and closed out of course pursuant to DEC regulations and connect, extend the District and then connect these facilities up to the Sewer facility which has the analysis here in the report indicates has the capacity to absorb this District,that's what we are looking to do. SUPERVISOR STROUGH-Yes, and we did check with the Director of Wastewater in the Town of Queensbury, and it's the same person as the Superintendent of Water, Chris Harrington who's present, if there was capacity and he said yes there is capacity and you have done a Map, Plan and Report on this which shows the potential usage you might have on the facility and everything seems to be pretty copasetic and pretty much in order. And again this is for the Olde Coach Manor on 565 Bay Road and there is a public hearing on this but any questions from the Town Board for the applicant's attorney or the engineer? COUNCILMAN FREER-What's the age of the current system? ATTORNEY COX-The current sewage systems are in excess of 20 years I would think I believe it's ... on the report but the property was acquired in 2018 so my client has only owned the property for four years but they know they're aging to the extent that they are deteriorating in their capability. COUNCILMAN MCNULTY-How many residents are we talking about? ATTORNEY COX-42. MR. TISENCHEK-42 units. COUNCILMAN MCNULTY-And for my own indications John, the residents would pay, how does the, the residents pay for their water, was that part of the ... ATTORNEY COX-It's public water there now that is being serviced as publicly already. COUNCILMAN MCNULTY-No but do the residents pay that so the sewage charged would be charged to the residents and not to the community correct? ATTTORNEY COX-Not to the community no. Regular Town Board Meeting, 12-19-2022, MTG#37 356 COUNCILMAN MCNULTY- So it would be the residents. ATTORNEY COX-It's going to be passed on to the owner and the owner may pass those on to the individuals that facilitate the units the residential units. COUNCILMAN MCNULTY-Okay, Thank you SUPERVISOR STROUGH-Okay, is there any member of the public that wishes to speak to this Resolution before us to extend number four Wastewater District and become Extension number four to serve the Olde Coach Manor. Anybody online Tim? COUNCILMAN MCNULTY-No hands raised. SUPERVISOR STROUGH-Okay, any further thoughts on behalf of the Town Board? COUNCILMAN FREER-For my, I'd like the engineer to take an action to tell me how old that system is because this is not the first or last that we're going see these kind of things with aging, I'd like to know the age of the systems. MR. TISENCHEK-Yes we certainly can do that. As we mentioned they are in excess of 20, 20 years but we'll get you that number. COUNCILMAN FREER-Thank you. SUPERVISOR STROUGH-We are going to be voting on this tonight. COUNCILMAN FREER-Yes that's ok, we'll take it offline but I, well vote on it and I will support it. I just, there's other things in the aging community septic that we all need to be thinking about. SUPERVISOR STROUGH-Okay. So I'm going to keep the public hearing open. We're going to do SEQRA. There may be issues that arise while we are doing an environmental review. If there doesn't appear to be any and if there doesn't appear to be any further public requests for information, then perhaps we can vote on it tonight. Town Counsel Mark Schachner would you guide us through SEQRA please? TOWN COUNSEL SCHACHNER-Sure so we are looking at the Short Environment Assessment Form Part 1, was prepared and signed on October 24t'by someone named Edward Belski, on behalf of Olde Coach Manor. Part 2 has the 11 questions that we typically look at when we're reviewing Short Environmental Assessment Forms. Everybody ready? And some, it looks like the applicant prepared proposed responses but you know you are not bound by those, you exercise your own independent judgement. TOWN COUNSEL SCHACHNER led the Town Board through the Short Environmental Assessment Form PART 2—IMPACT ASSESSMENT 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? NO, OR SMALL 2. Will the proposed action result in a change in the use or intensity of use of land? NO 3. Will the proposed action impair the character or quality of the existing community? NO 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? NO 5. Will the proposed actin result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? NO 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? NO Regular Town Board Meeting, 12-19-2022, MTG#37 357 7. Will the proposed action impact existing: a. public/private water supplies? NO b. public/private wastewater treatment utilities? NO, OR SMALL 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? NO 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? NO 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? NO 11. Will the proposed action create a hazard to environmental resources or human health? NO TOWN COUNSEL SCHACHNER-So you answered all the questions no or small so although the applicant and/or staff prepared a draft for your consideration of a part three to analyze the impact that somebody felt might be deemed moderate to large you don't have to do that because none of the impacts were deemed moderate to large by you setting it for adoption of a Negative Declaration if somebody's of that mind. SUPERVISOR STROUGH-Alright so it does not appear that the proposed action does not result in any significant adverse environmental impact. So with that said is there any member of the public that wishes to speak to this? Seeing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO. 4 TO SERVE OLDE COACH MANOR, 565 BAY ROAD PROPERTY RESOLUTION NO.: 453, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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, such Extension No. 4 has been determined to be a State Environmental Quality Review Act (SEQRA) Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been prepared, and WHEREAS, the Town's Wastewater Director has not identified any environmental impacts, Regular Town Board Meeting, 12-19-2022, MTG#37 358 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the SEQRA Short Environmental Assessment Form (EAF) and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the EAF by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None SUPERVISOR STROUGH- Reviewed the proposed extension. Ok to be on the safe side I will open the public hearing. Any member of the public wish to speak to 2.2b which is a Resolution hoping to approve the extension of the Queensbury Consolidated Sewer District to serve Olde Coach Manor? Seeing none, I'll close the public hearing and entertain a motion to approve. RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO. 4 TO SERVE OLDE COACH MANOR, 565 BAY ROAD PROPERTY RESOLUTION NO.: 454, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION 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 Regular Town Board Meeting, 12-19-2022, MTG#37 359 WHEREAS, a Map, Plan and Report has been prepared by IBL Engineering Associates (Map, Plan and Report) concerning the proposed Sanitary Sewer District Extension No. 4 (Extension No. 4) 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 No. 4, 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,on December 5t',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. 4;(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 will be paid by the 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. 4 to the property in the Extension No. 4; (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. 4; 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. 4 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.4 to the parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, a public hearing on the proposed Extension No. 4 was duly held on Monday, December 19t', 2022 and the Town Board has considered the evidence given together with other information, and Regular Town Board Meeting, 12-19-2022, MTG#37 360 WHEREAS, the Town Board has considered the establishment of the Extension No. 4 in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS,the Town Board wishes to establish the proposed Extension No.4 in accordance with Town Law Article 12-A, and NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension No. 4 are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension No. 4; 4. It is in the public interest to establish, authorize, and approve the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 4 to the Greater Queensbury Consolidated Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Extension No. 4 to be as described in the Map,Plan and Report and Public Hearing Order; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater Queensbury Consolidated Sanitary Sewer District Extension No.4 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report and Public Hearing Order, subject to the following: 1. Permissive Referendum in the manner provided in New York State Town Law Article 7; and 2. Adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to Permissive Referendum in the manner Regular Town Board Meeting, 12-19-2022, MTG#37 361 provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such Notice of this Resolution as may be required by law and if no petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None 2.3 Public Hearing — Proposed Amendment to Ordinance No. 30 and its Subsequent Amendments Concerning Increase in Fees Associated with Building Permit Process PUBLICATION DATE: DECEMBER 8,2022 SUPERVISOR STROUGH-Reviewed the proposed amendment. There is a public hearing on this. Would any member of the public wish to speak to the proposed amendment and increase in fees associated with building permit process? Okay, anybody online? I will close the public hearing and entertain a motion to approve setting or approve the proposed increase in fees associated with the building permit process. PUBLIC HEARING CLOSED RESOLUTION ENACTING AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH TOWN BUILDING PERMIT PROCESS RESOLUTION NO.: 455, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 recommended that the Town Board amend Ordinance No. 30, Section 5, to raise certain fees associated with the building permit process as set forth in the Proposed Fee Schedule presented at this meeting, and WHEREAS, the Town Board duly held a public hearing on Monday, December 19t', 2022 and heard all interested persons considering its proposal to amend Ordinance No. 30, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board of hereby amends Town Ordinance No. 30 Regular Town Board Meeting, 12-19-2022, MTG#37 362 and its subsequent Amendments in Section 5 to raise certain fees associated with the building permit process as set forth in the Proposed Fee Schedule substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Amendment and fee modifications shall take effect as of January lst 2023, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a certified copy of this Resolution in the official newspaper of the Town and publish such notices as may be required by law and the Town Supervisor,Town Clerk,Town Budget Officer and/or Acting Director of Building and Codes Enforcement to take any necessary actions to effectuate the terms of this Resolution. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 2.4 Public Hearing — 2023 Fire Protection Services Agreement Between Town of Queensbury and West Glens Falls Volunteer Fire Co., Inc. PUBLICATION DATE: DECEMBER 8, 2022 SUPERVISOR STROUGH-Reviewed proposed agreement. There is a public hearing on this tonight and there are members of West Glens Falls Fire Department present tonight. Do you wish to a... JEFF DAILEY-Yes Sir, Jeff Dailey, 124 Forth Street Queensbury, Chief of the West Glens Falls Fire Company. SUPERVISOR STROUGH-Thank you. KEVIN MILLER-Kevin Miller President, 18 Luzerne Road. MR. DAILEY-First of all I would just like to acknowledge the Board. I will be done with Chief in three weeks. I am giving it up and moving forward with some other stuff but I'd like to acknowledge Town Board members for the last two budgets that I have been involved with. You guys are very open minded when it comes to emergency services. I know you catch a lot of grief for the budget this year and I get it I am a tax payer so I understand but I know you guys, all of you do your due diligence to make ends meet and do what's best for the community. So as far as emergency service go you have always been very open minded and very acceptable for us so I want to personally thank you. So, that's all I have. SUPERVISOR STROUGH-Okay and this represents a six percent increase which is less than what you had requested. But it's, we agreed upon that would be fair for everybody involved and we know that expenses are up for the fire department and parts for vehicles, gasoline and the list goes on and we know that the inflation rate is close to eight percent and it's been higher. Regular Town Board Meeting, 12-19-2022, MTG#37 363 Gasoline prices we're all aware of and you certainly use a lot of that. But you provide a service to us that allows us to have a discount for the service in the Town of Queensbury because of the volunteers and you guys, you put in a lot of time and not only just answering calls but preparing the station, preparing the equipment, the training, the meetings, the organizing. You put in 100's of hours of time that is totally volunteer. I want to thank you for that and you know when I have Christmas day and I'm home you know eating Christmas cookies and doing everything else. I hear that siren go and you know what I can stay home, you can't, you have to respond to that call. I mean I could give 100 examples of where other people wouldn't want to be bothered with that but you have dedicated your time and your service to our community. I just wanted to make sure that we appreciate that we thank you for that. MR. DAILEY-Thank you very much. SUPERVISOR STROUGH-Yes. Any thoughts on behalf of the Town Board? COUNCILMAN MCNULTY-John just a thought question this was these, this increase was included in our Town Budget for next year? SUPERVISOR STROUGH-Yes it was. COUNCILMAN MCNULTY-This is not an increase this is part of what we've already voted for. Thank you. SUPERVISOR STROUGH- Right, and I know we are sensitive and that there may be some residents who don't fully understand why we did what we did but this is a very responsible Town Board. Five members who are, who work very hard at trying to be responsible to the public. They would not have approved budget increases unless we needed them to run this Town. And this Town is run very well and that's because of the volunteers and it's because of this Town Board and the employees working for the Town. We all work together and this Town is in good shape and you are part of that. Alright, any other thoughts COUNCILMAN MCNULTY-Chief thanks for everything, all that you do. MR. DAILEY-Yes thank you so much guys I appreciate it COUNCILMAN FERONE-Yes, I would say I have had first-hand experience with West Glens Falls. We have five great companies but I have first-hand experience with these guys. They are top notch. They work with us in a former company I worked with and they do a great job so deserving of the increase that we allowed. SUPERVISOR STROUGH- Okay COUNCILMAN MCNULTY-Appreciate that and good luck with the transition SUPERVISOR STROUGH-Alright and Jeff and Kevin thank you for your leadership and everything that you have done. I am going to open the public hearing and maybe I will have you come back if I need you to answer some questions. Members of the public the public hearing is now open on the fire protection services agreement between the Town of Queensbury and West Glens Falls Fire Company. Anybody wish to speak to it? Anybody online Tim? COUNCILMAN MCNULTY-No John. SUPERVISOR STROUGH-I'll close the public hearing. I'll entertain a motion for authorizing this agreement with the contract. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING 2023 FIRE PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. Regular Town Board Meeting, 12-19-2022, MTG#37 364 RESOLUTION NO.: 456, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 duly conducted a public hearing on Monday, December 19'', 2022 and heard all interested persons concerning the proposed 2023 Agreement for fire protection services, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby authorizes the 2023 Agreement between the Town and the West Glens Falls Volunteer Fire Co., Inc. for fire protection services 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 such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19'h day of December, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 2.5 Public Hearing—2023 Emergency Ambulance Services Agreement Between Town of Queensbury and West Glens Falls Emergency Squad, Inc. PUBLICATION DATE: DECEMBER 8,2022 SUPERVISOR STROUGH-Reviewed the proposed agreement. And there is a public hearing on this tonight. Is there anybody from West Glens Falls EMS here tonight? No, okay. I'll open the Regular Town Board Meeting, 12-19-2022, MTG#37 365 public hearing on the Resolution to approve the 2023 Emergency Ambulance Service Agreement between the Town of Queensbury and West Glens Falls Emergency Squad Inc. COUNCILMAN MCNULTY-We do have a question from Travis online MR. MALINOSKI (StoredTech IT Support)-John I can help with that if it's easier, to get that going. SUPERVISOR STROUGH-Oh, alright. You're doing it Kevin? MR. MALINOSKI (StoredTech IT Support)-Do you mind if I click through? SUPERVISOR STROUGH-No, go ahead. TRAVIS WHITEHEAD-Yes, this is Travis Whitehead; can you hear me? COUNCILMAN MCNULTY-Yes we can. SUPERVISOR STROUGH-Yes we can hear you. MR. WHITEHEAD-So I would just like to say that I agree that the EMS has been doing a wonderful job for us and anybody that couldn't see these increase costs coming down the road hasn't been paying very much attention and yes know there is increase training all kinds of increase paperwork from the State and it's just gotten more technical. It's not a surprise that we have to pay salaries more and more for these good people that are willing to go out and run into danger to help people like myself and you so I just want to say that I support them. I always support them and I note that there is a 129 percent increase in funding this year for that and but, what I do want to make a note of is I'm kind of tired of the EMS squad being the whipping boy for the excuse that Town taxes are going up 57 percent. I've been told by several members of the Board that the main reason for the 57 percent Town tax increase was the EMS when the EMS is being funded by a separate assessment that we're going to pay and that's going up by 129 percent and I never complained about that. So that's what I want to say and you know you shouldn't take shots at them on the for the 57 percent increase in Town taxes. I wish you would stop. SUPERVISOR STROUGH-Okay, alright. Any other member of the public wish to speak to this proposal tonight? Alright seeing none I'll close the public hearing and any other thoughts on behalf of the Town Board? PUBLIC HEARING CLOSED COUNCILMAN MCNULTY-I just, based on that comment we, no one on this Board has ever taken any shots against the EMS Services provided in this Town. That's ridiculous Travis. We support the EMS. We show our support in the funding for that and that was ridiculous. SUPERVISOR STROUGH-Okay, any other Town Board thoughts? Alright how about a motion? RESOLUTION APPROVING YEAR 2023 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 457, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 12-19-2022, MTG#37 366 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 the West Glens Falls Emergency Squad,Inc.,negotiated terms for a new one(1)year Agreement for general emergency ambulance services for 2023 (Agreement), and in accordance with Town Law §184 and General Municipal Law §209(b), on Monday, December 19t', 2022 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Year 2023 Emergency Ambulance Services Agreement between the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None 2.6 Public Hearing — Proposed Local Law No.: of 2022 to Amend Chapter 179 "Zoning" of Town Code to Amend Zoning Map to Change Zoning District Designation of a Portion of Tax Map Parcel No.: 309.17-1-3 PUBLICATION DATE: DECEMBER 8,2022 SUPERVISOR STROUGH-Okay and the agent for the applicant is present so introduce yourself for the public and then feel free to further describe the application Regular Town Board Meeting, 12-19-2022, MTG#37 367 JON LAPPER-Sure, Good evening everyone for the record Jon Lapper, Attorney for Joe Gross, Gross Electric. So this is a small rezoning request,portion of a six acre site, 4.3 acres to be rezoned to Commercial Light Industrial like the adjacent building. Joe is an important employer in Town. He keeps his sites very nice. He needs more room and he just as you know recently built a building for Brookfield Tower which created really nice jobs nearby so just a small amendment so that he can have more room for his company. SUPERVISOR STROUGH-And Mr. Gross, Gross electric either or, owns both properties. ATTORNEY LAPPER-Yes, a portion of this property is a rental house that he owns and that's not being asked to be rezoned. That will stay residential. We visited the Planning Board and they recommended this. SUPERVISOR STROUGH-And this has gone before the Planning Board and they issued a favorable recommendation and it went before the Warren County Planning Department and they approved the zoning changes and we have a public hearing in this tonight. But before I open the public hearing are there any thoughts from the Town Board or questions they would like to ask the applicants agent? COUNCILMAN FREER-We reviewed this all in a Workshop as well. SUPERVISOR STROUGH-Yes thank you, alright any member of the public wish to speak?I will open the public hearing. Any member of the public wish to speak to this proposed amendment change, zoning change? COUNCILMAN MCNULTY-John there is a hand raised, Travis. SUPERVISOR STROUGH-Okay TRAVIS WHITEHEAD-I'm sorry I didn't realize my hand was raised. COUNCILMAN MCNULTY-Thank you SUPERVISOR STROUGH-Alright,well seeing none hearing none, I'll close the public hearing and let's have a vote. Anybody want to bring this forward? PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 14 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 RESOLUTION NO.: 458, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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.: 14 of 2022 Regular Town Board Meeting, 12-19-2022, MTG#37 368 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, on December 19, 2022, the Town Board duly conducted a public hearing concerning proposed Local Law No.: 14 of 2022 heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law No.: 14 of 2022 and wishes to consider adoption of Local Law No.: 14 of 2022 in the form substantially presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby adopts Local Law No.: 14 of 2022 to amend Queensbury Town Code Chapter 179, "Zoning," entitled, A Local Law 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"in the form substantially presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and approved Local Law No.: 14 of 2022 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Regular Town Board Meeting, 12-19-2022, MTG#37 369 Department in accordance with§179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: 14 of 2022 to the New York State Secretary of State for filing in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 19th day of December, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None LOCAL LAW NO.: 14 OF 2022 A LOCAL LAW 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 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation of a 4.03 acre portion of land at 84 Eagan Road from Waterfront Residential (WR) to Commercial Light Industrial(CLI), such property bearing Tax Map Parcel No.: 309-17-1-3. SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. Regular Town Board Meeting, 12-19-2022, MTG#37 370 SECTION 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York State Municipal Home Rule Law §27. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT — 3 MINUTES) TRAVIS WHITEHEAD-Spoke regarding Resolution 4.11, `Resolution Authorizing Agreement Between Town of Queensbury and Granicus'. COUNCILMAN FREER-Noted they will be keeping track of the maximum days and minimum days and there will be enforcement actions. John O'Brien will be working with them for a 24/7 complaint line. COUNCILMAN MCNULTY-Noted those were concerns the Town Board had but Granicus will be able to provide all of that data. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR GLENWOOD AND HAVILAND AVENUES WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 459, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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, 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 Regular Town Board Meeting, 12-19-2022, MTG#37 371 WHEREAS, by prior Resolution the Town Board has authorized the Project and the Water Superintendent has requested Town Board authorization to advertise for bids for the Project, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications to be prepared by Delaware,the Water Superintendent and/or Town Purchasing Agent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to post and publish an advertisement for bids regarding the improvement to the Queensbury Consolidated Water District's water transmission facilities delineated in the preambles of this Resolution and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to open all received bids,read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water Superintendent, Purchasing Agent, Delaware and/or the Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 19th day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF FRONT END WHEEL LOADER FOR TRANSFER STATIONS FROM ALTA CONSTRUCTION EQUIPMENT NY LLC - SOURCEWELL CONTRACT RESOLUTION NO.: 460, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 12-19-2022, MTG#37 372 WHEREAS, the Town of Queensbury's Transfer Station Supervisor has requested Town Board approval to purchase a front end wheel loader(loader)to be used at the Transfer Stations, and WHEREAS, Alta Construction Equipment NY LLC (Alta) is a participating member of Sourcewell Contracting and the Transfer Station Supervisor obtained Sourcewell Quote dated 10/03/2022 from Alta for a Volvo L70H loader per Sourcewell Contract 4032119-VCE and NYS OGS Contract 4: PC69437 for the price not to exceed$171,395, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County/State Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with the cooperative, municipal purchasing program Sourcewell Contracting for the loader, and WHEREAS,the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Town Transfer Station Supervisor's purchase of an Alta for a Volvo L70H front end wheel loader from Alta Construction Equipment NY LLC (Alta) per Sourcewell Contract 4032119-VCE and NYS OGS Contract 4: PC69437 for a price not to exceed$171,395 to be paid for from Heavy Equipment Account No.: 009- 8160-2040, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $171,395 from Undesignated, Unappropriated Fund Balance Account No.: 009-0000-0909 to Heavy Equipment Account No.: 009-8160-2040 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, Transfer Station Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None Regular Town Board Meeting, 12-19-2022, MTG#37 373 RESOLUTION AUTHORIZING ENGAGEMENT OF STORED TECHNOLOGY SOLUTIONS, INC. FOR SERVICES RELATED TO BUILD-OUT OF MICROSOFT AZURE CLOUD SERVICES FOR TOWN OF QUEENSBURY'S MUNIS SERVER RESOLUTION NO.: 461, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 31, 2022, the Queensbury Town Board authorized a five (5) year extension of the Agreement between the Town of Queensbury and StoredTech Technology Solutions, Inc., (Stored Tech) for the continued provision of professional information technology services, and WHEREAS, Stored Tech has submitted Quote No.: STSQ17737 dated Dec 5, 2022 for equipment and professional services related to the build-out of Microsoft Azure Cloud Services for the Town's MUNIS Server for an amount not to exceed $15,135.99, and WHEREAS,the Town Board wishes to engage StoredTech in accordance with such Quote as such professional services are consistent with StoredTech's existing provision of information technology services and StoredTech has the skill, expertise and an established familiarity and comfort level with the Town's building infrastructure, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the engagement of Stored Technology Solutions, Inc., (Stored Tech) in accordance with Stored Tech's Quote No.: STSQ17737 dated Dec 5, 2022 for equipment and professional services related to the build-out of Microsoft Azure Cloud Services for the Town's MUNIS Server for an amount not to exceed $15,135.99 and authorizes and directs the Town Supervisor to sign any needed documentation and/or agreements to effectuate such purchase and services to be paid from Computer Software Account No.: 001-1680-2032, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19'h day of December, 2022, by the following vote: Regular Town Board Meeting, 12-19-2022, MTG#37 374 AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ADDITIONAL EXPENSES RELATED TO CONSTRUCTION OF STORAGE BUILDING AT PINE VIEW CEMETERY RESOLUTION NO.: 462, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 417, 2020, the Queensbury Town Board authorized establishment of Cemetery Storage Building Capital Project No. 236 to establish funding for expenses related to the Cemetery Storage Building Capital Project(Project), and WHEREAS, the Town Cemetery Superintendent has advised that additional necessary Project expenses have been or will need to be incurred including costs related to reimbursement to the Highway Department for paving costs and installation of cameras and phones by Stored Technology Solutions, Inc., totaling $19,194, plus additional future expenses toward certain items including shelving, landscaping and an awning,totaling an estimated$18,000, and WHEREAS, the Town Board wishes to authorize such additional expenses and increased costs, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes of the additional expenses and increased costs related to the Cemetery Storage Building Capital Project as specifically set forth in the preambles of this Resolution totaling approximately $38,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and any actions necessary to increase appropriations and estimated revenues as follows: • 001-9950-9030-0064 Transfer to Capital Project- $38,000 • 236-0000-55031 Interfund Revenues - $38,000 • 236-8810-2899 Capital Construction - $38,000 and Regular Town Board Meeting, 12-19-2022, MTG#37 375 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent, Town Budget Officer and/or Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AWARDING BIDS FOR NATURAL LIGHT SODA ASH AND LIQUID ALUM RESOLUTION NO.: 463, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury duly advertised for bids for Natural Light Soda Ash and Liquid Alum in accordance with Town Water Department Bid Specifications, and WHEREAS,the Town's Purchasing Agent and Water Superintendent have reviewed the bids and recommended that the Town award the bids to the lowest responsible bidders, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids to the lowest responsible Bidders for the Natural Light Soda Ash and Liquid Alum as follows: 1. Natural Light Soda Ash—To Brenntag Northeast, LLC for the amount of$680 ton; 2. Liquid Alum—To Holland Company, Inc. for the amount of$460/ton; Regular Town Board Meeting, 12-19-2022, MTG#37 376 to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, RESOLVED, that such bid awards shall be effective through December 31 st, 2023 with an option at such time to extend such bid award for up to two(2)additional 12 month periods or through December 31', 2024 or 2025, with any extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges, add-ons or tariffs to be added, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION ADOPTING 2023 PART-TIME HOURLY WAGE & ANNUAL STIPEND; MANAGEMENT AND NON-MANAGEMENT; NON- UNION FULL-TIME STAFF AND STAFF SALARY SCHEDULES RESOLUTION NO.: 464,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to adopt Year 2023 Salary and Wage Schedules for its part-time hourly wage and annual stipend, management and non-management, and non-union full-time employees, and WHEREAS, such Schedules shall supersede all previously adopted salaries and schedules for these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Year 2023 Salary and Wage Schedules for its part-time hourly, management and non-management, non-union full-time staff, effective January lst, 2023 as follows: Regular Town Board Meeting, 12-19-2022, MTG#37 377 Management and Non-Management - Non-Union Position Salary Court Court Clerk 74,237 Court Clerk 58,291 Court Clerk 61,656 Deputy Court Clerk 47,480 Supervisor Con£ Secretary to Town Supervisor 60,869 Accounting Budget Officer 99,746 Senior Account Clerk 61,872 Accountant 73,252 Tax Receiver lst Deputy Tax Receiver of Taxes 68,970 2nd Deputy Tax Receiver of Taxes 57,985 Assessor Assessor 95,668 Deputy Assessor 69,014 Assistant to Assessor 69,298 Assistant to Assessor 69,298 Building and Grounds Director Buildings&Grounds 84,445 Records Records Clerk 51,150 Town Clerk Deputy Town Clerk I 65,954 Deputy Town Clerk 11 56,412 Deputy Town Clerk 111 51,150 Legal Assistant 77,663 Fire Marshal Fire Marshal 73,625 Deputy Fire Marshal 57,134 Building&Codes Acting Director of Building&Codes 78,122 Building&Zoning Enforcement Officer 67,114 Building&Zoning Enforcement Officer 59,973 Highway Admin Deputy Highway Superintendent 78,000 Con£ Secretary to Highway Superintendent 56,042 Parks&Rec Director Parks&Recreation 91,225 Assistant Director of Park&Rec 72,196 Aquatics Supervisor 62,819 Recreation Program Assistant 60,060 Zoning Director of Planning,Zoning&Code Compliance 91,225 Code Compliance Officer 75,318 Senior Planner 81,503 GIS Administrator 85,342 Regular Town Board Meeting, 12-19-2022, MTG#37 378 Land Use Planner 68,277 Water Admin Superintendent Water 108,620 Water Treatment Plant Operations Engineer 90,027 Accounting Supervisor 81,289 Water/WW Field Operations Manager 84,280 Cemetery Cemetery Superintendent 79,862 Part-Time Hourly Wage and Annual Stipend Schedule Position Wage/Stipend Clerk-Assessor's Office,Part-time 19.22 Account Clerk-Accounting 25.70 Cemetery Secretary 23.89 Assistant to the Assessor 30.43 Court Officer-Hourly Rate 25.37 Court Officer- Service Fee per Summons 31.20 Laborer,Part-Time Transfer Stations 16.96 Historian 16,308.75 Historian's Part-Time Assistant 18.08 School Traffic Officer(two hour guarantee) 18.40 Clerks,Temporary and Part-time 14.47 Laborer, Seasonal 14.20 Wastewater Director 7,527.11 Tax Receiver 16,161.24 Registrar of Vital Statistics 13,000 Deputy Supervisor 3,246.43 Purchasing Agent 7,272.98 Fair Housing Officer 1,397.33 Safety Officer 4,545.00 Special Mandate Compliance Officer 5,381.25 Town Court Compliance Officer 5,250.00 Town IT Coordinator 5,250.00 Part-Time Town Clerk 30.00 Planning&Zoning Board(Per Meeting)—Chairman 80.00 Secretary 75.00 Member 70.00 Board of Assessment Review(Per Session) 70.00 Recreation Leader* 14.20-21.00 Recreation Program Attendant* 14.20-21.00 Recreation Maintenance* 14.20-23.00 Recreation Program Specialist* 14.20-23.00 Recreation Program Official/Instructor** 25.00-40.00 *Seasonal Hires.Individual Hourly Wages determined by Recreation Commission. **Per Game and BE IT FURTHER, Regular Town Board Meeting, 12-19-2022, MTG#37 379 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 19t'day of December, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING BUDGET TRANSFER RESOLUTION NO.: 465, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, a Severance Agreement has been entered into as of November 28, 2022 between the Town of Queensbury and one of its employees ("employee"), and WHEREAS, the Queensbury Town Board wishes to authorize a budget transfer to provide for severance pay to the employee as specifically set forth in the Severance Agreement, NOW, THEREFORE, BE IT RESOLVED, that as specifically set forth in the Severance Agreement entered into as of November 28, 2022, the Queensbury Town Board hereby authorizes and directs severance pay to the employee in the amount of$16,906.40, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget by transferring $16,907 from the Town's undesignated, unassigned General Fund's Fund Balance Account No.: 001-0000-0909 to Miscellaneous Account No.: 001-1430-4400, and take all other actions necessary to effectuate such payment, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor to sign any needed Agreement and/or documentation and the Town Supervisor, Town Budget Officer and/or Regular Town Board Meeting, 12-19-2022, MTG#37 380 Town Counsel to take all actions to effectuate settlement and all terms of this Resolution. Duly adopted this 19th day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ABOLISHMENT OF PARTS SHOP FOREMAN POSITION AND ESTABLISHMENT OF FLEET MANAGER POSITION IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 466, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Highway Superintendent has recommended that the Town Board abolish the existing full-time position of Parts Shop Foreman and establish the full-time position of Fleet Manager in the Town Highway Department, and WHEREAS, a job description for the Fleet Manager has been adopted by the Warren County Department of Personnel and Civil Service and presented at this meeting, and WHEREAS, the Town Board wishes to abolish the position of Parts Shop Foreman and establish the position of Fleet Manager as recommended, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the abolishment of the full-time position of Parts Shop Foreman and the establishment of the position of Fleet Manager in the Town's Highway Department in accordance with the Fleet Manager Job Description adopted by the Warren County Department of Personnel and Civil Service in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate all terms of this Resolution. Duly adopted this 19t'day of December, 2022, by the following vote: Regular Town Board Meeting, 12-19-2022, MTG#37 381 AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION REJECTING BID FOR SODIUM HYPOCHLORITE AND AUTHORIZING READVERTISEMENT OF BIDS RESOLUTION NO.: 467, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury duly advertised for bids for Sodium Hypochlorite in accordance with Town Water Department Bid Specifications, and WHEREAS,the Town's Purchasing Agent and Water Superintendent have reviewed the one and only received bid for the Sodium Hypochlorite and have recommended that the Town Board reject such bid and readvertise, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rejects the one bid received by the Town for Sodium Hypochlorite and authorizes and directs the Town Purchasing Agent to readvertise for the Sodium Hypochlorite, open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 19'h day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 468, 2022 INTRODUCED BY: Mr. Harrison Freer Regular Town Board Meeting, 12-19-2022, MTG#37 382 WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-0000-0909 Fund Balance 001-8020-4711 Reimb. Engineering 30,000 001-1990-4400 Contingency 001-5010-4300 Electricity 2,400 001-1990-4400 Contingency 001-5010-4500 FuelOil/Gas 800 001-9060-8060 Health Insurance 001-8989-4414 Comm. Contracts 6500 004-9060-8060 Health Insurance 004-5140-4009 Tree Removal 1,000 040-9060-8060 Health Insurance 040-8330-4271 Water Treat. Chem 18,000 040-9060-8060 Health Insurance 040-8320-4300 Electricity 35,000 Duly adopted this 19t'day of December, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GRANICUS RESOLUTION NO.: 469, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement entered into between the Town and Warren County, and WHEREAS, such Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and Regular Town Board Meeting, 12-19-2022, MTG#37 383 WHEREAS, the Town Board wishes to provide funding and enter into an agreement with Granicus for an amount not to exceed $13,689 with occupancy tax revenues received from Warren County and accordingly enter into a 2022 Agreement with Granicus for Granicus' provision of services to the Town including the ongoing monitoring of 60+Short Term Rental websites as set forth in Granicus Proposal dated 11/11/2022, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between the Town and Granicus and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting,with funding for the Agreement not to exceed $13,689 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $13,689; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $13,689; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO.: OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE Regular Town Board Meeting, 12-19-2022, MTG#37 384 RESOLUTION NO.: 470, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture, and WHEREAS,the amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with State regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy and ensure that environmental, public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023 to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and WHEREAS, zoning changes are subject to Warren County Planning Department review in accordance with New York State General Municipal Law §239-m, and WHEREAS, the Town of Queensbury proposed amendments affecting land uses within the Adirondack Park comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, on November 21, 2022 the Adirondack Park Agency issued a letter notifying the Town that the proposed zoning changes in the proposed Local Law affecting the Town's Agency Approved Local Land Use Program are approved, 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, January 23rd, 2023 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment Regular Town Board Meeting, 12-19-2022, MTG#37 385 of"Local Law No.: of 2023 to Amend Chapter 179 "Zoning" Of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To Agriculture,"and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to submit the proposed Local Law to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the 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 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 19th day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None Regular Town Board Meeting, 12-19-2022, MTG#37 386 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO. OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR TAX MAP PARCEL NO.: 302.5-1-49 RESOLUTION NO.: 471, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Garden World Associates, LLC (GWA) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 7, 2022 to allow for a change of zoning district designation for a parcel identified as Tax Map No: 302.5-1-49 from Moderate Density Residential (MDR) to Commercial Intensive (CI), and WHEREAS, GWA has also submitted an application to the Planning Board for Site Plan Review approval to construct a new parking area on said parcel to support the adjacent business, and WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals regarding permeability requirements of the proposed development of the subject lot in consolidation with the adjacent business, and WHEREAS,the Town Board,by Resolution No.: 334, 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 29, 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.: 334, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on December 15,2022 the Town received a recommendation from the Warren County Planning Department dated 9/15/2022 to approve the proposed zoning changes, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023 to change the zoning district designation for a portion of a parcel identified as Tax Map No.: 302.5- 1-49 from Moderate Density Residential (MDR) to Commercial Intensive (CI) as presented at this Regular Town Board Meeting, 12-19-2022, MTG#37 387 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, 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, January 23rd, 2023 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of"Local Law No.: of 2023 A Local Law To Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation For Tax Map Parcel No.: 302.5-1-49,"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. Regular Town Board Meeting, 12-19-2022, MTG#37 388 Duly adopted this 19th day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 12202022 RESOLUTION NO.: 472, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 12202022 with a run date of 12/15/2022 and a payment date of 12/20/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 12202022 with a run date of 12/15/2022 and a payment date of 12/20/2022 totaling $1,200,230.95, 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 19th day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ROAD SALT REDUCTION GRANT PROGRAM MUNICIPAL SWIM IMPLEMENTATION GRANT AGREEMENT 2022/23 BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE ASSOCIATION RESOLUTION NO.:473,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION Regular Town Board Meeting, 12-19-2022, MTG#37 389 SECONDED BY: Mr. George Ferone 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 WHEREAS, the LGA has advised that the Town of Queensbury has an opportunity to participate with the LGA in a Road Salt Reduction Grant Program as part of its winter maintenance operations based on the application of Sustainable Winter Management (SWIM) guidelines, such program to be a long-term, cost savings initiative to the Town, and WHEREAS, a local "match"to the Grant award is required, such match to come in the form of the Town's cash contribution in the amount of$10,000, and WHEREAS, as part of the program,the LGA will provide the remaining funds necessary for the Town to utilize the professional services of advisors to provide training, analysis, intervention and other services necessary to facilitate the achievement or maintenance of SWIM certification, and WHEREAS,the Town Board believes that this Grant Program will benefit the Lake George Watershed Basin and Town of Queensbury residents and therefore wishes to authorize participation in the Grant project, execution of the Road Salt Reduction Grant Program Municipal SWIM Implementation Grant Agreement and the Town's $10,000 local match, and WHEREAS, a copy of the proposed Road Salt Reduction Grant Program Municipal SWIM Implementation Grant Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Town of Queensbury's participation with the Lake George Association (LGA) in a Road Salt Reduction Grant Program as part of its winter maintenance operations based on the application of Sustainable Winter Management (SWIM) guidelines, such program to be a long-term, cost savings initiative to the Town, and further authorizes the Town's cash contribution in the amount of$10,000 to be paid from Highway Fund Misc. Contractual Account No.: 004-5142-4400, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer$10,000 from Health Insurance Premium Account No.: 004- 9060-8060 to Highway Fund Misc. Contractual Account No.: 004-5142-4400 and take any other needed actions to effectuate the Town's contribution, and Regular Town Board Meeting, 12-19-2022, MTG#37 390 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Road Salt Reduction Grant Program Municipal SWIM Implementation Grant Agreement substantially in the form presented at this meeting and/or any other associated documentation, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or the Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 19t'day of December, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE LUXURY BOX-PSG GOLF LLC RESOLUTION NO.: 474, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, PSG Golf LLC owns and operates The Luxury Box business located at 1042 State Route 9, Queensbury, New York, and WHEREAS,PSG Golf LLC has applied for a liquor license, and WHEREAS, PSG Golf LLC has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the issuance of its liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before PS Golf LLC's liquor license is issued, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town Clerk Regular Town Board Meeting, 12-19-2022, MTG#37 391 to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued to PSG Golf LLC related to its business, The Luxury Box, and that the Town Board has no objection to such license, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of December, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None 5.0 CORRESPONDENCE-None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) TRAVIS WHITEHEAD-Spoke regarding the Town Budget and the 57 percent increase, noting that the 3 million dollars in ARPA was not included as well as the records County sales tax revenue. The reasons for the increase were regarding EMS which was taken care of in another budget. Recommended that the Town consider hiring a professional Town Manager. This is a 30 million dollar budget and it does require the attentions of somebody to understand all of this. Noted recent issue that will cost the taxpayers about three million dollars due to the Town not responding timely to a 60 day notice resulting with the IDA's approval of the CBE Solar Company. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1) • Announced it's been a pleasure to work with this Town Board and the Town employees and consider myself blessed to be a part of it. • Wishes everyone a Merry Christmas, Happy Hanukkah and of course Festivus to the rest of us. COUNCILMAN FREER(WARD II) • Attended function on December 8th hosted by SUNY Adirondack where three SUNY Grads were recognized and inducted as trailblazers. Congratulated Mr. John Strough as one of the inductees who gave an outstanding speech. • Questioned the status of the bridge across I87 at Exit 20. • Spoke regarding taxes and noted the feedback was about communication. Referred to the Cannabis law and noted that one of the reasons not to opt out was because we would have lost the tax revenue. The Town is trying to be efficient and not pass up tax break opportunities. • Announced the Cannabis public hearing in January and hope that people will attend. Reported the Post Star did post an article on 12/15/2022 after the Workshop that was mostly correct. I contacted the editor to have corrections reprinted and the correction printed today. • Wished everyone a Happy Holiday and Merry Christmas. Regular Town Board Meeting, 12-19-2022, MTG#37 392 • Announced that the eastern part of the Feeder Canal trail will be closed starting today until September 30t'. COUNCILMAN FERONE(WARD II1) • Wished everyone a Happy Holiday, Merry Christmas and Happy Hanukkah. • Noted that respiratory illness, Covid, Flu, RSV are all going around and hospitals are getting stressed again. Recommended as we get together for the holidays to be cautious,wear masks, wash hands and stay home if not feeling well. Let's all stay healthy. COUNCILMAN MCNULTY(WARD IV) • Updated the Town Board on the status of 27 Indiana Avenue with the two options of either demolition or motion to a preliminary judgement. I would recommend to give Counsel the authority to motion for the preliminary judgement to vacate the property of all residents and then move forward with the destruction of the property. • Referred to the forthcoming At-Large Supervisor vacancy and proposed a fully transparent effort to recruit members of the community to apply to fill the position which will be selected by the Town Board. • Thanked StoredTech for the new system. • Referred to the Town Manager position and would like to discuss the position further, feel it is time to take a look at it. • Wished everyone Happy Holidays and Merry Christmas. SUPERVISOR STROUGH • Referred to the Town Manager position and noted there is a lot that goes into the background that the public doesn't always see to run the Town smoothly and successfully. Noted a few items currently in the works: o Developing a Cannabis Law o Zoning requests and changes o Advanced IT System, development of a Cloud, Emergency plan, Cyber-Attack Plans, Ability to retrieve information and etcetera. o PILOT Programs o Fleet Management Program o Considered progressive Town for preserving environment and creating environmental plans ■ Glen Lake ■ Lake Sunnyside o Preparing for the 250"' Anniversary of the War for Independence, a lot of that war took place in the Town of Queensbury o Budget o Climate Action Plan o Environmental Committee o New Trails, Comprehensive Land Use Plan and work to interconnect the trail system o Cable Franchise Agreement o Complete Streets Program and changes to the program o Containment, Tarp buildings o Granicus and Short Term Rentals o Adopting new Highway Road Standards Regular Town Board Meeting, 12-19-2022, MTG#37 393 o Working with the Town of Lake George to develop French Mountain Park o Unique situation with the North Queensbury Wastewater Disposal District o Working with the Lake George Park Commission development of the Lake George Watershed Septic System Inspection Program o Jenkinsville, well containments and bringing public water into the area o Rockhurst Municipal Septic System • Wished everyone Happy Holidays, Happy Hanukkah and Healthy New Year RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 475,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 19th day of December,2022,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II