Loading...
03-20-2023 MTG #10 Regular Town Board Meeting, 03-20-2023, MTG#10 169 REGULAR TOWN BOARD MEETING MTG #10 MARCH 201h, 2023 RES #105-131 7:00 P.M. BOH #15-18 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 105, 2023 INTRODUCED BY: Mr. George Ferone 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 20th day of March, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RICHARD & MARYBETH YOUNG AND AMANDA MODALE RESOLUTION NO.: BOH 15,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 03-20-2023, MTG#10 170 WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Richard and Marybeth Young and Amanda Modale have applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system with the: 1. Absorption field fill to be located 1' from the east property line in lieu of the required 10' setback; 2. Absorption field fill to be located 1' from the west property line in lieu of the required 10' setback; and 3. Fuji Clean Enhanced Treatment Unit(ETU) and Pump Station to be located 5' from the east property line in lieu of the required 10' setback; on property located at 9 Fielding Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, April 3rd, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Richard and Marybeth Young and Amanda Modale's sewage disposal variance application concerning property located at 9 Fielding Lane in the Town of Queensbury(Tax Map No.: 227.13-2-14) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 20d'day of March, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF J & D MARINA, LLC RESOLUTION NO.: BOH 16,2023 INTRODUCED BY: Mr. Anthony Metivier Regular Town Board Meeting, 03-20-2023, MTG#10 171 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, J&D Marina, LLC has applied to the Local Board of Health for variances from Chapter 136 to maintain an existing wastewater system that does not meet today's current requirements on its Castaway Marina property as follows: 1. Septic Tank (Pump Station) to be located 32.30' from the water well in lieu of the required 50' setback; 2. Septic Tank (Pump Station) to be located 5.81' from the foundation in lieu of the required 10' setback; 3. Septic Tank (Pump Station) to be located 23.66' from the Lake George shoreline in lieu of the required 50' setback; 4. Septic Tank (Pump Station) to be located 1.11' from the property line in lieu of the required 10' setback; 5. Dock Sewer line to be located-134.42' from Lake George in lieu of the required 50' setback; 6. Dock Sewer line to be located-143.30' from the property line in lieu of the required 10' setback; 7. Sewer line to be located 9.40' from stormwater treatment practice discharging to surface water in lieu of the required 25' setback; and 8. Septic Tank(Pump Station)to be located 48.37' from stormwater treatment practice discharging to surface water in lieu of the required 50' setback; on property located at 2546 State Route 9L in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing on Monday, April 3rd, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider J & D Marina, LLC's sewage disposal variance application concerning property located at 2546 State Route 9L, Queensbury(Tax Map No.: 240.5-1-26) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice Regular Town Board Meeting, 03-20-2023, MTG#10 172 to neighbors located within 500' of the applicant's property as required by law. Duly adopted this 20d'day of March, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVE MACKEY RESOLUTION NO.: BOH 17,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Steve Mackey has applied to the Local Board of Health for variances from Chapter 136 to install an onsite wastewater treatment system with the: 1. Pumping Station/Ejector Basin to be located 3' from the house in lieu of the required 10' setback; and 2. Pumping Station/Ejector Basin to be located 42'from Glen Lake in lieu of the required 50' setback; on property located at 14 Genista Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, April 3rd, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Steve Mackey's sewage disposal variance application concerning property located at 14 Genista Lane in the Town of Queensbury(Tax Map No.: 289.10-1-37) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice Regular Town Board Meeting, 03-20-2023, MTG#10 173 to neighbors located within 500 feet of the property as required by law. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 18,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 20t'day of March, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 PUBLIC HEARING 2.1 Public Hearing — Resolution Approving Year 2023 Emergency Ambulance Services Agreement Between Town of Queensbury and Bay Ridge Rescue Squad, Inc. & North Queensbury Rescue Squad, Inc. and Their Successor After Consolidation PUBLICATION DATE: March 3, 2023 SUPERVISOR STROUGH-Reviewed the proposed contract. There is a Public Hearing on this tonight. Is there anybody from the audience that would like to speak to this proposed contract for Bay Ridge North Queensbury also going to be known as Queensbury EMS Service? Anybody online Tim? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Okay, Town Board any questions or thoughts? There are members of the Squad here. Hearing none I'll entertain, I'll close the Public Hearing and entertain a motion to approve the 2023 Emergency Ambulance Service Contract Agreement between the Town of Queensbury Bay Ridge Rescue Squad and North Queensbury Rescue Squads and their Successors. PUBLIC HEARING CLOSED RESOLUTION APPROVING YEAR 2023 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. & NORTH QUEENSBURY RESCUE Regular Town Board Meeting, 03-20-2023, MTG#10 174 SQUAD, INC. AND THEIR SUCCESSOR AFTER CONSOLIDATION RESOLUTION NO.: 106, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 the Town has previously entered into 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., and WHEREAS, the Bay Ridge Rescue Squad, Inc. and North Queensbury Rescue Squad, Inc., are cooperating closely and are in the process of consolidating (with the name of the consolidated Rescue Squad currently expected to be named the"Bay Ridge Rescue Squad,Inc.,DBA: Queensbury Emergency Medical Service,")hereinafter jointly referred to with their successor as the"Squad,"and WHEREAS, the Town and the Squad negotiated terms for a one (1) year Agreement for general emergency ambulance services for 2023 and in accordance with Town Law§184 and General Municipal Law §209(b), on Monday, March 20'', 2023 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 Bay Ridge Rescue Squad, Inc. and North Queensbury Rescue Squad,Inc.,and their successor after consolidation(with the name of the consolidated Rescue Squad currently expected to be named the"Bay Ridge Rescue Squad,Inc., DBA: Queensbury Emergency Medical Service,")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. Regular Town Board Meeting, 03-20-2023, MTG#10 175 Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) PAUL DERBY,President of the Glen Lake Protective Association-Spoke on the history of the Glen Lake Management Program, Freshwater Permit Process and the Aquatic Plant Management Survey. Noted that this is an annual procedure and that it is under the Glen Lake Aquatic Plant Management Taxing District and goes through the Town of Queensbury. Reported on the plans to move forward and the successful management of Glen Lake through this process. GLENN SULLIVAN, Project Manager Solitude Lake Management-Spoke regarding the Permit application process noting there are two types of permits; the Pesticide Permit and the Wetlands Permit. Further explained the process that is followed to determine the target plants, areas and the process to request such permits. Stated that information is reported as soon as results are received. COUNCILMAN FREER-Recommending having the information and results reported to the Town of Queensbury to allow the information to be more readily available to the public in a timely manner. SUPERVISOR STROUGH-Reported that DEC does review what has been done and what is being done moving forward to be sure that the process accomplishes what it is intended to do and minimize adverse impacts. Noted that this is coming from the Glen Lake Aquatic Plant Growth Control Districts Advisory Board who have reviewed this plan. STUART ALAN, Glen Lake Resident-Requested that Solitude Lake Management report and release specifically the information collected in parts per billion directly to the taxpayer's same day it is measured. SUPERVISOR STROUGH-Requested the survey results and reports be given to the Town in a timely manner to be posted on the Town website. MR. DERBY-Recommended having the Glen Lake Protective Association link on the Town's website. COUNCILMAN MCNULTY-Questioned whether HAB was ever present on Glen Lake. MR. DERBY-Noted some years back there a test done for that but it was negative. We do not have HAB on Glen Lake now from the testing I am involved in. TOWN COUNSEL SCHACHNER-Reviewed proposed revisions to Resolution 4.15, `Resolution Authorizing Engagement of Solitude Lake Management for Preparation and Filing of New York State Department of Environmental Conservation Permit Application and Pre-Treatment Survey Relating to Glen Lake Aquatic Plant Growth Control District'. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF LABELLA ASSOCIATES, D.P.C. FOR PROVISION OF PROFESSIONAL ELECTRICAL ENGINEERING SERVICES RELATED TO REPLACEMENT OF GENERATOR SERVING TOWN HALL AND TOWN ACTIVITIES CENTER Regular Town Board Meeting, 03-20-2023, MTG#10 176 RESOLUTION NO.: 107, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Facilities Manager has recommended that the Town Board engage LaBella Associates, D.P.C. for professional electrical engineering services associated with the replacement of the existing 50kW generator serving Town Hall and the Town Activities Center for an amount not to exceed $22,250 as delineated in LaBella Associates, D.P.C.'s letter proposal dated February 14, 2023 substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of LaBella Associates, D.P.C. for professional electrical engineering services associated with the replacement of the existing 50kW generator serving the Town Hall and Activities Center buildings for an amount not to exceed $22,250 as delineated in LaBella Associates, D.P.C.'s letter proposal dated February 14, 2023 substantially in the form presented at this meeting, such services to be paid for from Account No.: 203-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement with LaBella Associates and/or any necessary documentation and the Town Supervisor, Town Facilities Manager and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 20'h day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION ADDING "DEAN THOMAS WAY" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 108, 2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty Regular Town Board Meeting, 03-20-2023, MTG#10 177 WHEREAS,by Resolution No. 434.95,the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Dean Thomas Way" a private roadway/driveway located in the Cerrone Builders' Sherman Avenue Subdivision to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Dean Thomas Way" to the Town of Queensbury's list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Highway Department and Director of Building and Codes Enforcement to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 469, 2022 TO CORRECT DATE OF AGREEMENT BETWEEN TOWN AND GRANICUS RESOLUTION NO.: 109, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, on December 19t', 2022,the Queensbury Town Board adopted Resolution No.: 469, 2022 authorizing an Agreement between the Town and Granicus for Granicus' provision of services to the Town including the ongoing monitoring of 60+ Short Term Rental websites, and WHEREAS, such Resolution incorrectly stated that the Agreement was for 2022 rather than the correct date of 2023 and therefore, the Town Board wishes to amend Resolution No. 469,2022 accordingly, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-20-2023, MTG#10 178 RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 469,2022 such that the Town Board authorizes a 2023 Agreement with Granicus, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 469,2022 in all other respects. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FRIENDS OF MOUNTAINSIDE LIBRARY RESOLUTION NO.: 110, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Town of Queensbury wishes to enter into a Community Service Agreement with the Friends of Mountainside Library for the year 2023, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Friends of Mountainside Library for the year 2023 with funding for the Agreement not exceeding the sum of $2,500 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, with funding to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 03-20-2023, MTG#10 179 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SENIOR CENTER RESOLUTION NO.: It1, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board believes it is appropriate and beneficial to provide social and recreational activities and programs to Town senior citizens and therefore wishes to contract with the Glens Falls Senior Center for senior citizen recreational and social activities and programs as permitted by NYS General Municipal Law §95A as set forth in the proposed Agreement between the Town and the Glens Falls Senior Center presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2023Agreement between the Town and the Glens Falls Senior Center with funding for the Agreement not exceeding the sum of $6,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that funding for such Agreement shall be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 20'h day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY YOUTH FOOTBALL RESOLUTION NO.: 112, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service Agreements with certain organizations for the provision of Regular Town Board Meeting, 03-20-2023, MTG#10 180 community-based services and benefits and therefore wishes to contract with Queensbury Youth Football, Inc., for the provision of such services, and WHEREAS, a proposed Agreement between the Town and the Queensbury Youth Football, Inc., has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Queensbury Youth Baseball & Softball for the year 2023 with funding for the Agreement not exceeding the sum of $5,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CONKLING CENTER RESOLUTION NO.: 113, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service Agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to contract with The Conkling Center to support in part The Conkling Center's On The Go transportation program for senior community members, and WHEREAS, a proposed Agreement between the Town and The Conkling Center has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and The Conkling Center for the year 2023 with funding for the Agreement not exceeding the sum of $12,000 and authorizes and directs the Town Supervisor to execute the Agreement in Regular Town Board Meeting, 03-20-2023, MTG#10 181 substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO.: 114, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Theatre Festival in an amount of$7,500 with occupancy tax revenues received from Warren County and accordingly enter into a 2023 Agreement with the Adirondack Theatre Festival for the promotion of numerous performances and events to Town and area residents and visitors, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2023 Agreement between the Town and the Adirondack Theatre Festival and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting,with funding for the Agreement in the sum of$7,500 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 Regular Town Board Meeting, 03-20-2023, MTG#10 182 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 $7,500; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,500; 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 20t'day of March, 2023 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SARATOGA WARREN MUSICIANS PERFORMANCE AND SCHOLARSHIP FUND, INC. - GLENS FALLS BAND CITY PARK CONCERT SERIES RESOLUTION NO.: 115, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., working with the Glens Falls City Band,provides for weekly concerts to take place in the Glens Falls City Park during the months of June, July and August, thereby helping to promote the cultural development of the community, attracting many persons to the Queensbury area and providing an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to the Saratoga Warren Musicians Regular Town Board Meeting, 03-20-2023, MTG#10 183 Performance and Scholarship Fund, Inc., in the amount of $7,200 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., for the year 2023 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting,with funding for the Agreement in the sum of$7,200 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $7,200; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,200; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY HISTORICAL SOCIETY RESOLUTION NO.: 116, 2023 Regular Town Board Meeting, 03-20-2023, MTG#10 184 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Warren County Historical Society (Historical Society), is a not-for-profit educational organization chartered in 1997 by the New York Education Department for the collection, preservation, and promotion of the heritage of Warren County, including the Town of Queensbury, and has and will benefit the Town's residents by continuing to contribute to the promotion and preservation of the Town's history and heritage, and WHEREAS, the Town Board wishes to provide funding to the Historical Society in the amount of$3,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Historical Society for the year 2023 for general promotion purposes, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Warren County Historical Society and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting, with funding for the Agreement in the sum of$3,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, 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 $3,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $3,000; and BE IT FURTHER, Regular Town Board Meeting, 03-20-2023, MTG#10 185 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 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT GLENS FALLS COUNTRY CLUB, INC.'S PETITION FOR CHANGE OF ZONE TO QUEENSBURY PLANNING BOARD RESOLUTION NO.: 117, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Glens Falls Country Club, Inc. (GFCC) submitted a zoning change application to the Queensbury Town Clerk's Office on or about March 10, 2023 to allow for a change of zoning district designation for parcels identified as Tax Map Nos: 296.5-1-6, 296.6-1-12 and 289.18-1-37 from Waterfront Residential (WR) to Rural Residential 3 Acre (RR-3A), and WHEREAS, the application has been reviewed by the Town's Senior Planner and deemed complete for purposes of review, and WHEREAS, applications for zoning changes are subject to Warren County Planning Department review in accordance with New York State General Municipal Law §239-m, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with Town Zoning Ordinance §179-15-040, and WHEREAS, following such recommendations, the Town Board will review the application and take such other actions as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA) for potential environmental effects, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-20-2023, MTG#10 186 RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board seek Lead Agency status for SEQRA review of the proposed zoning change requested by Glens Falls Country Club, Inc. (GFCC) as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward GFCC's application received by the Town Clerk's Office on or about March 10, 2023 to the Queensbury Planning Board for review, report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit the application to the Warren County Planning Department for New York State General Municipal Law §239-m review, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 20t'day of March, 2023 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES TO CONDUCT SOLAR FEASIBILITY STUDY LOCATED AT QUEENSBURY WATER TREATMENT PLANT PROPERTY RESOLUTION NO.: 118, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board wishes to engage C.T. Male Associates to conduct a solar feasibility study located at the Queensbury Water Treatment Plant property as delineated in C. Regular Town Board Meeting, 03-20-2023, MTG#10 187 T. Male Associates' February 14, 2023 letter proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates to conduct a solar feasibility study located at the Queensbury Water Treatment Plant property as delineated in C. T. Male Associates' February 14,2023 letter proposal substantially in the form presented at this meeting for a lump see fee of$11,800, and BE IT FURTHER, RESOLVED, that such solar feasibility study shall be paid for by the Town's General Fund, Engineering Account No.: 001-1440-4720-8310, but if such solar feasibility study should reveal that solar power is feasible at the Town Water Department,then the Water Department shall reimburse the Town General Fund for such feasibility study, 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 and effectuate the transfer of $11,800 from Miscellaneous Contractual Contingency Account No.: 001-1990-4400 to Engineering Account No.: 001-1440-4720-8310, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement with C.T. Male Associates in a form acceptable to the Town Supervisor, Town Water Superintendent/Wastewater Director, Town Budget Officer and/or Town Counsel, and any other necessary documentation, and the Town Supervisor, Town Water Superintendent/Wastewater Director and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR FURNISHING AND INSTALLATION OF FENCE AT TOWN WATER DEPARTMENT TO SPITALE CONSTRUCTION RESOURCES, INC. RESOLUTION NO.: 119, 2023 Regular Town Board Meeting, 03-20-2023, MTG#10 188 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 282, 2020, the Queensbury Town Board authorized establishment of Water Treatment Plant Campus Improvements Capital Project No. 232 to establish funding for expenses related to the repairs and improvements at the Water Treatment Plant Facility/Campus including the furnishing and installation of a fence, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, and WHEREAS, by Resolution No.: 61, 2023, the Town Board authorized the Town Purchasing Agent to advertise for bids for the furnishing and installation of an approximately 900' long 6' high chain link barbed wire fence at the Water Filtration Plant(Fence Project) in the official newspaper for the Town and following such advertisement of bids, all six (6) received bids were opened and reviewed on March 8t', 2023, and WHEREAS, the Purchasing Agent and Water Superintendent have recommended that the Town Board award the bid to the lowest, responsible bidder, Spitale Construction Resources, Inc. for an amount not to exceed $51,760, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five-percent (5%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the Fence Project from the lowest, responsible bidder, Spitale Construction Resources, Inc., for an amount not to exceed $51,760, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a five-percent(5%) contingency or in the total amount not exceeding $2,588 that he deems necessary or appropriate, and BE IT FURTHER, Regular Town Board Meeting, 03-20-2023, MTG#10 189 RESOLVED, that the Town Board further authorizes and directs that payment for this Fence Project shall be made from Capital Construction Account No.: 232-8310-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent,Water Superintendent,and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF NIKOLAS LOVETT FROM LABORER TO WATER MAINTENANCE WORKER II RESOLUTION NO.: 120, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the Town Board authorize the promotion of Nikolas Lovett from Laborer to Water Maintenance Worker 11 at the Town's Water Treatment Plant, and WHEREAS, the Water Superintendent has advised that Mr. Lovett has passed the Departmental verbal exam for the position, has a Class B Commercial Driver's License and has the required two (2)years of job experience, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Nikolas Lovett from Laborer to Water Maintenance Worker 11 at the Town's Water Treatment Plant effective on or about March 21', 2023 at the rate of pay specified in the Town's CSEA Union Agreement for the position, and Regular Town Board Meeting, 03-20-2023, MTG#10 190 BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20t'day of March, 2023 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR PREPARATION AND FILING OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT APPLICATION AND PRE-TREATMENT SURVEY RELATING TO GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 121, 2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 341, 2022, the Town Board adopted the 2023 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 128, 2022, the Town Board authorized engagement of Solitude Lake Management for the preparation and filing of the New York State Department of Environmental Conservation Permit applications and completion of the 2022 Aquatic Vegetation Lake Management Contract for the Glen Lake Aquatic Vegetation Management Program, which Program provided for Solitude Lake Management's herbicide treatment for control of pondweed, Regular Town Board Meeting, 03-20-2023, MTG#10 191 milfoil and brittle naiad using Aquathol Super K pondweed within portions of Glen Lake, and WHEREAS, in Chapter 3(C)(2)(f)of the Town Purchasing Procedures,upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board wishes to again engage the services of Solitude Lake Management for preparation and filing of New York State Department of Environmental Conservation Permit applications and the Pre-Treatment Survey relating to the 2023 Aquatic Vegetation Lake Management Contract for Glen Lake for the amount of$3,675 as delineated as Tasks 1 and 2 in Solitude Lake Management's Lake Management Contract dated February 21, 2023 presented at this meeting, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Solitude Lake Management for the preparation and filing of the New York State Department of Environmental Conservation Permit application and Pre-Treatment Survey relating to the 2023 Aquatic Vegetation Lake Management Contract for Glen Lake for the amount of$3,675 as delineated as Tasks 1 and 2 in Solitude Lake Management's Lake Management Contract dated February 21, 2023 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790- 4400 not to exceed $3,675 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation, including Permit Applications with the New York State Department of Environmental Conservation, and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 03-20-2023, MTG#10 192 Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION REAPPOINTING JOAN JENKIN AND WILLIAM MASON TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.: 122, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review in accordance with the New York State Real Property Tax Law, and WHEREAS, the terms of Board of Assessment Review Members Joan Jenkin and William Mason recently expired and they have expressed interest in being reappointed to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Joan Jenkin and William Mason to serve as members of the Queensbury Board of Assessment Review with their terms to expire September 30t', 2027 in accordance with New York State Real Property Tax Law §523. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND EASTERN NY MARINE TRADES ASSOCIATION RESOLUTION NO.: 123,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury has received a request for funding from the Eastern NY Marine Trades Association to assist in funding its Great Upstate Boat Show to be held at the Regular Town Board Meeting, 03-20-2023, MTG#10 193 Adirondack Sports Complex (The Dome) in the Town of Queensbury on March 31 st, — April 2na 2023, and WHEREAS, such event will promote the Town of Queensbury, its amenities and prosperity and is expected to draw many people to the Town of Queensbury and its surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Eastern NY Marine Trades Association in the amount of$5,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Agreement between the Town and the Eastern NY Marine Trades Association substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$5,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, 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 $5,000; • Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$5,000; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 20t'day of March, 2023, by the following vote: Regular Town Board Meeting, 03-20-2023, MTG#10 194 AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS COLLABORATIVE RESOLUTION NO.: 124, 2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury has received a request for membership and funding from the Glens Falls Collaborative regarding the Glens Falls Collaborative's creation of maps,panels, ads and/or promotion brochures which will in part promote the Town of Queensbury, City of Glens Falls and their businesses and amenities,at various City events in 2020, such funds to be from Warren County occupancy tax revenues received by the Town, and WHEREAS, such events with respective maps and/or brochures will help to attract a significant number of people to the Town of Queensbury, City of Glens Falls and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Glens Falls Collaborative in the amount of$1,500 for membership in the Glens Falls Collaborative and panel, logo placement and other recognitions on event promotion brochures, ads and/or maps, with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-20-2023, MTG#10 195 RESOLVED,that the Queensbury Town Board hereby approves the Agreement between the Town and the Glens Falls Collaborative substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$1,500 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 $1,500; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $1,500; 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 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION APPOINTING SEAN ROGGE TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.: 125, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Town of Queensbury previously established the Town of Queensbury Board of Assessment Review in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Town's Board of Assessment Review and the Town Board therefore wishes to appoint Sean Rogge to fill such vacancy, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-20-2023, MTG#10 196 RESOLVED, that the Queensbury Town Board hereby appoints Sean Rogge to serve as a member of the Town of Queensbury Board of Assessment Review with his term to expire September 30t', 2027 in accordance with New York State Real Property Tax Law §523. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND COOL INSURING ARENA RESOLUTION NO.: 126, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS,the 2023 New York State High School Basketball Championships is being held in Glens Falls in March, 2023, attracting many persons to the Queensbury area and providing an economic boon to the community, and WHEREAS,the Cool Insuring Arena is hosting the New York State High School Basketball Championships and therefore the Town Board wishes to provide funding to the Cool Insuring Arena in the amount of$10,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Cool Insuring Arena, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2023 Agreement between the Town and the Cool Insuring Arena and authorizes and directs the Town Supervisor to Regular Town Board Meeting, 03-20-2023, MTG#10 197 execute the Agreement substantially in the form presented at this meeting, with funding for the Agreement in the sum of$10,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $10,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $10,000; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR TREE REMOVAL WORK TO RICHARD SEARS TREE EXPERTS RESOLUTION NO.: 127, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, in accordance with Resolution No.: 88, 2023, the Town of Queensbury's Purchasing Agent duly advertised for bids for certain tree removal work within the Town of Queensbury, including in the Pine View Cemetery, as were set forth in bid specifications prepared by the Highway Superintendent, Cemetery Superintendent and/or Purchasing Agent, , and WHEREAS, on March 15t', 2023, the Purchasing Agent duly opened the two (2) bids received by the Town, and Regular Town Board Meeting, 03-20-2023, MTG#10 198 WHEREAS, the Purchasing Agent has recommended that the Town Board award the bid to the lowest, responsible bidder, Richard Sears Tree Experts, at the rates set forth in their Bid Proposal dated March 13th, 2023 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for certain tree removal work from the lowest, responsible bidder, Richard Sears Tree Experts, at the rates set forth in their Bid Proposal dated March 13th, 2023 presented at this meeting, for a one (1) year period effective as of the date of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be made from such account(s) as may be deemed acceptable by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED,that Richard Sears Tree Experts shall provide the Town Budget Officer with all required certificates of insurance in proper form acceptable to the Town before commencement of the tree removal work, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement or documentation and the Town Supervisor, Highway Superintendent, Cemetery Superintendent,Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 03-20-2023, MTG#10 199 RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 03212023 RESOLUTION NO.: 128, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 03212023 with a run date of 03/16/2023 and a payment date of 03/21/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 03212023 with a run date of 03/16/2023 and a payment date of 03/21/2023 totaling $399,831.69, 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 20'h day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: _ OF 2023 TO AMEND CHAPTER 147 OF QUEENSBURY TOWN CODE ENTITLED "STORMWATER MANAGEMENT" RESOLUTION NO.: 129, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2023 entitled, "A Local Law to Amend Chapter 147 `Stormwater Management' of Regular Town Board Meeting, 03-20-2023, MTG#10 200 Queensbury Town Code," which Law is intended to update the Town's stormwater regulations, and WHEREAS, adoption of this legislation is authorized in accordance with New York State Environmental Conservation Law and regulations, New York State Municipal Home Rule Law §20 and New York State Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury 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, April 3rd, 2023 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2023, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish, post and distribute a Notice of Public Hearing concerning proposed Local Law No. of 2023 in the manner provided by law. Duly adopted this 20th day of March, 2023, by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE RESCUE SQUAD, INC. DBA: QUEENSBURY EMERGENCY MEDICAL SERVICES'S PROPOSAL TO PURCHASE AMBULANCE AND USE TAX- EXEMPT FINANCING FOR SUCH PURCHASE RESOLUTION NO.: 130, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by prior Resolution, in accordance with New York State Public Health Law Article 30, the Queensbury Town Board approved the Year 2023 Emergency Ambulance Services Regular Town Board Meeting, 03-20-2023, MTG#10 201 Agreement (Agreement) between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. and North Queensbury Rescue Squad, Inc., and their successor after consolidation, with the name of the consolidated Rescue Squad currently expected to be named the "Bay Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Service,"(Squad), and WHEREAS, such Agreement for general emergency ambulance services within the Town sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment,vehicles,real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to sell its year 2016 E series ambulance for fair market value and purchase a 2024 Ford F-350 Demers Brand Ambulance at a purchase price not to exceed $300,000, and WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad's building located at 1109 Ridge Road in the Town of Queensbury,New York, and WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using: 1. $20,000 - approximate cash down payment; and 2. $280,000 - maximum amount of tax-exempt financing with the Adirondack Trust Company; and WHEREAS,the Town Board wishes to set a public hearing concerning the Squad's proposed purchase, as Town Board approval of such proposed purchase is required by the Squad's Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board shall conduct a public hearing concerning the Bay Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Service's proposed Ambulance purchase delineated in the preambles of this Resolution and the financing of such proposed purchase using tax-exempt financing, on Monday, April 17t', 2023 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. Regular Town Board Meeting, 03-20-2023, MTG#10 202 Duly adopted this 20t'day of March, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 5.0 CORRESPONDENCE-None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) STUART ALAN-Referred to the Solitude Lake Management Report and stated that the contract needs a simple change, that Solitude needs to release parts per billion information to the public the same day it is received to the public. SUPERVISOR STROUGH-Noted that the Town will be displaying the results and putting a link on the Town's webpage to the results for the public to access and get up-to-date information. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) -NOTHING TO REPORT COUNCILMAN FERONE(WARD II1) • Referred to the many resolutions on the agenda such as Friends of Mountainside Library, Glens Falls Senior Center,Queensbury Youth Football,Conkling Center,Adirondack Theater Festival, Glens Falls City Park, the Boat Show, Glens Falls Collaborative, the Basketball tournament at Cool Insuring Arena, these organizations are supported by the Board which support the quality of life in our area and help to bring revenue into the Town. COUNCILMAN FREER(WARD II) • Referred to the subject of cutting down trees and noted that he has received feedback from people about cutting down of trees at Hovey Pond. Recommend the Board look into ways to address issues environmentally and a better landscape design for Hovey Pond after the removal of the big willow tree. • Announced trip taken with John Strough to Sterigenics, decontamination site and reported that it was an interesting and a hands on tour of the facility. COUNCILMAN METIVIER(WARD I) -NOTHING TO REPORT SUPERVISOR STROUGH • Announced that Warren County will be working on roads. Quaker Road, Bay Road, Corinth Road and Country Club Road are scheduled for this year. • Reported that Lake George receives grant money to upgrade Septic Systems. This year they will be receiving$600,000 up from$300,000 last year. They only do it for 250 feet from Lake George and further mentioned that the Town would like it done for 500 feet from Lake George and for any residents that wish to upgrade within 100 feet of Lake George Tributaries should be getting some of the grant money so the Town is working on that at a County level. • Reported that the ARPA Committee has awarded $80,000 to the Joseph Warren Center Project. I will be working with the Warren County Historical Society to create a Museum Educational Facility dedicated to Joseph Warren, a radical that helped start the war for independence and further noted that Warren County named after him. • Reported that ARPA gave $150,000 to North Queensbury Fire for a Hover Craft. The Hover Craft will be used County wide and in Washington County. • Announced that ARPA gave $28,358 to Bay Ridge Fire for a Hydraulic Spreader. Regular Town Board Meeting, 03-20-2023, MTG#10 203 • Announced that Mayor Bob Blais, Nation's longest term Mayor is stepping down after 52 years of service to the Village of Lake George and wishes him the best in his retirement. • Recognized the recent passing of Marilyn Vandyke who was the Town's Historian for 25 years. Her work and dedication will always be remembered. • Thanked audience for attending, Joe Barlow of Look TV and Jessie Jackson, Town Counsel Mark Schachner, Deputy Town Clerk Betty Murphy and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 131, 2023 INTRODUCED BY: Mr. Timothy McNulty 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 20th day of March,2023,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