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06-05-2023 MTG #17 Regular Town Board Meeting, 06-05-2023, MTG#17 1 REGULAR TOWN BOARD MEETING MTG #17 JUNE 51h, 2023 RES #199-215 7:00 P.M. BOH #33-36 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.: 199, 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 5fh day of June, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None BOARD OF HEALTH 1.1 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION Katheryn and Daniel McMorrow—366 Cleverdale Road Publication Date: May 19, 2023 SUPERVISOR STROUGH reviewed proposed application and variances requested. There is a public hearing on this tonight, let me hand it over to the agent for the applicant. Please introduce yourself and feel free to expand on what I just said about this particular application. TOM HUTCHINS-Good Evening, Tom Hutchins here on behalf of Daniel and Katheryn McMorrow and this Board has seen this project in the past. In fact, the very similar variances Regular Town Board Meeting, 06-05-2023, MTG#17 2 were issued back in 2016 with a little bit of a different enhanced treatment technology. Those variances were issues as, and the numbers are, were essentially the same, were issued as presented and we'd like to make a change in the enhanced treatment technology from the Pure Flow Peak Filtration System to the Fuji Clean Aerobic System. And we looked at the site today, I think you realized how little space there is available to work with. And we talked about the, I did design this based upon the State Code of 33% reduction for NSF approved enhanced treatment. The Park Commission ruling is recent and actually since I put this design together, they became effective and I guess we need to talk about that a little bit. There is not room on this site for a full size conventional absorption, absorption field, not including some benefit for enhanced treatment. As we talked I looked at it we can do, I can get some more area for this field it's nominally, it's a nominal increase but instead of a 33% reduction, I request that we use a 25% reduction. That will allow me to expand the length by a foot,the width by a foot and we do get some more area. I'm just, I'm uncomfortable with, with going any closer to the house, the wall as some of us mentioned there, that would also modify our Lake setback variance. I don't want to go any closer to the structure just considering the topography and how the grade runs in that direction. I can expand it a foot on the high side and expand, I can expand a foot in length and still hold the variances that we've presented in front of you. So,that's what I think we'd like to do. The technology, I think that we are all coming to recognize that the aerobic technology, yes there are certainly not uncommon variances for tank, tankage location property line building setbacks those are all manageable. I think you've got an understanding that this site is pretty tight. It's going to be tricky installation. We do have a system that I'm comfortable with technically and so I turn it over to you for discussion. SUPERVISOR STROUGH-Any questions for Mr. Hutchins? COUNCILMAN FREER-Yes, what, how far, how far is the absorption field from the lake? It's pretty far away right? MR. HUTCHINS-96 feet. COUNCILMAN FREER-Okay so it is, it is less than 100 feet. COUNCILMAN MCNULTY-So with this additional, the one foot here and one foot there, what's the difference in the reduction? MR. HUTCHINS-It would be a 25% reduction. COUNCILMAN MCNULTY-25% okay, and it's already at 30 plus. SUPERVISOR STROUGH-As opposed to, as opposed to a 33%. MR. HUTCHINS-As opposed to 33. COUNCILMAN MCNULTY-Which is... COUNCILMAN FREER-So here's the, here's the reason. SUPERVISOR STROUGH-It's a little bit bigger. MR. HUTCHINS-Bigger yes. SUPERVISOR STROUGH-Than what was proposed. COUNCILMAN FREER- So here's the reason that the Lake George Park Commission went through this big drill of. SUPERVISOR STROUGH-Is your mic on? COUNCILMAN FREER-The reason that they put this in place is that given these enhanced units don't deal with phosphorous as well as we'd like and so when you are asking for a waiver from 100 feet from the Lake and then can't meet the design that's on the books, I have a hard time with that. Regular Town Board Meeting, 06-05-2023, MTG#17 3 COUNCILMAN MCNULTY-But there's no other enhanced capability that does phosphorus, is there? COUNCILMAN FREER-No, no but that's why they deleted the 33% reduction. MR. HUTCHINS-And what we would be doing here, I always try to keep this in mind, we have an existing conventional septic tank that's 60 feet from the lake and it discharges in the direction towards the lake to an old built up seepage pit of sorts that's halfway between that tank location and the lake. We're in a situation where we can put in an enhanced treatment unit and get a conventional absorption field. Yes, we have to ask for some relief in that area but I mean this is all about making improvement to water quality around the lake and there is no question this is going to be a vast improvement to the water quality around the lake and I think that's why, part of the reason we come to this Board. SUPERVISOR STROUGH-No question. Well and no question about that and even though you are supposed to be 100 feet from the lake this is almost 100 feet from the lake, except for three and a half feet and you did make the effort to make the bed a little bit bigger, as big as you could. So instead of a 33% reduction it's a 25%reduction but that's because you're using an enhanced treatment unit. Okay so alright. Any further questions from the Board before I open the public hearing? COUNCILMAN FERONE-Well one of the other points and I think you made it today John, was that we don't know what would happen to this property in the future and we always have this issue hanging over us about short term rentals and you know, if it's a three-bedroom house, you know and they've got 10 or 12 people in there, are they abusing the system? You know to the point that's it's not going to be able to function as it should. So I don't know what we could do about that we can't think about what's going to happen in the future but... SUPERVISOR STROUGH-Well at our workshop on the 21st this is one of the discussion items. Should we make our septic laws congruent at least for water front properties with the Lake George Park Commission? So I am going to assume that since this is a system under the jurisdiction of the Lake George Park Commission and their standards are being varied from in that they will not allow any reduction, even with an ETU, in the field size. So I'm wondering Town Counsel Mark Schachner, if we needed to add a sixth variance request in that the Lake George Park Commission requires a fully sized filtration bed for any system whether it's an ETU or not. New York State and our Code currently allows for up to a 33%reduction in the bed size if you are using an ETU. So I don't know where we are between Lake George Park Commission, State and Town Code. Should we just throw the variance in just to cover ourselves? TOWN COUNSEL MARK SCHACHNER-I'm likely not comfortably suggesting that because unless I'm missing something, and I may be, and Mr. Hutchins is not unfamiliar with these regulations, he looks at them far more frequently than I do. But I'm not sure that we incorporate that standard in our Town of Queensbury Septic System regulations in which case, we're not, there is not a request before us for that variance. If the Lake George Park Commission has that regulation and it's still in effect and obviously by location, I presume this system would be subject to it. We don't have the authority to issue waivers to the Lake George Park Commission regulations on any, of any of the Lake George Park Commission regulations. SUPERVISOR STROUGH-So what do you think happens from here? I mean if ... TOWN COUNSEL SCHACHNER-What often happens, again I don't know the particulars of this case, I don't know if, has anyone from the Lake George Park Commission been involved in dialogue with you? MR. HUTCHINS-No, what they've done is they've, we met with them when they were developing these regulations and provided some engineering suggestions. TOWN COUNSEL SCHACHNER-Right. MR. HUTCHINS- Some of which they incorporated, some of which they didn't. Regular Town Board Meeting, 06-05-2023, MTG#17 4 TOWN COUNSEL SCHACHNER-Not about this specific property. MR. HUTCHINS-Not about, well, not about this specific property, no. TOWN COUNSEL SCHACHNER-Right. MR. HUTCHINS-Now they have delegated in their program all review authority to the local reviewing board. TOWN COUNSEL SCHACHNER-In some of the Municipalities? MR. HUTCHINS-Well, to in, to the Local and in all the Municipalities. They passed basin wide technical standards. TOWN COUNSEL SCHACHNER-Right, right, right. MR. HUTCHINS-And it was really just a couple technical standards. TOWN COUNSEL SCHACHNER- Right. MR. HUTCHINS-It was this, there is no longer a reduction and there is a three-foot boundary condition separation in all the Lake George Basin but they've delegated, they've delegated enforcement, regulatory and variance authority to the Locals and so I see where you're going but they don't have a mechanism within their office to grant relief from any, from those standards but they have delegated it to the Locals. TOWN COUNSEL SCHACHNER-So I guess, I guess my response would be I don't think we'd be comfortable throwing, using your term "throwing in an additional variance"without first confirming with the Lake George Park Commission. SUPERVISOR STROUGH-Okay, thank you. Alright, no further questions from the Board, or is there? Alright, I'll open the Public Hearing, is there any member of the public that wishes to speak to this variance application of Katheryn and Daniel McMorrow on 366 Cleverdale Road? Seeing none. Town Counsel, there has been one change to the plan and that is the filtration bed is going to be one foot wider and one foot longer than shown on the plan. Which would be equivalent, according to Mr. Hutchinson, to a 25%reduction of the bed size because an ETU is being used in this case, as opposed to a 33%reduction. He tried to accommodate the concerns of the Town Board as well as he could. Alright, I'll close the Public Hearing and entertain a motion to approve with an additional notation about the design of the system that has been altered from the original plan. Town Counsel do you have any suggestions? PUBLIC HEARING CLOSED TOWN COUNSEL SCHACHNER- I have a question and a suggestion. My question is it looks like five variances were sought unless I'm missing something but the, then there are six proposed to be offered. Am I missing something on page one there are five of them and on page three there are six of them? Looking quickly, it looks like the difference is COUNCILMAN MCNULTY-Or is it one, one that was previously approved? SUPERVISOR STROUGH-Oh yes, I did that again didn't I? MR. HUTCHINS-No what there is, is there's shoreline setback that's one, there's a north property line set back that's two. TOWN COUNSEL SCHACHNER-Right, right. MR. HUTCHINS-There's tank setback to the building that's three, there's tank setback to the south property line that's four and there's tank setback to the dwelling that's five. I'm sorry there's field setback to the dwelling that's five. And then we got talking about the area issue. Regular Town Board Meeting, 06-05-2023, MTG#17 5 TOWN COUNSEL SCHACHNER- Right but, but there's still something doesn't match here. Hang on one second. I mean in numbers there's a 96.4 foot proposed absorption field there's the 3.9 feet, 11.4,there's a 3.8 there's a 4.7. SUPERVISOR STROUGH-Oh, the only difference is number six the effluent force main which I don't think is, was addressed at... TOWN COUNSEL SCHACHNER-Ah correct! MR. HUTCHINS-Okay yes. TOWN COUNSEL SCHACHNER- That's exactly right. SUPERVISOR STROUGH-So the force main that follows the property line up from the tanks is also requiring a variance from the Town. MR. HUTCHINS-Yes, it comes from the tanks; it's got to be. SUPERVISOR STROUGH-So noted. TOWN COUNSEL SCHACHNER-Right. So my point is that we are now talking about six and then this other you want to, were not comfortable recommending a variance on the septic bed size if you, if you're saying that the plans have been, have the plans been actually redesigned and resubmitted with the new dimensions? That's a yes, right? SUPERVISOR STROUGH-Yes, that's a yes. MR. HUTCHINS-No, No they haven't. TOWN COUNSEL SCHACHNER- So he says no, he probably knows and he's saying the answer is no. SUPERVISOR STROUGH-well no you... MR. HUTCHINS-It takes a 1 Ox28 absorption bed makes an l 1x29 absorption bed. SUPERVISOR STROUGH-Yes well you have that on these plans. MR. HUTCHINS-No we talked about that this afternoon, I said that I was going to look at it. SUPERVISOR STROUGH-Then then the new size okay is not on here right now, it says 10 foot by 28. MR. HUTCHINS-Right, right. SUPERVISOR STROUGH-What you're proposing is 11 foot by 29. MR. HUTCHINS-Correct. SUPERVISOR STROUGH-So I'm saying all you do is add one foot to the width and one foot to the length. TOWN COUNSEL SCHACHNER-Right we're all, I think we all understand that. SUPERVISOR STROUGH-Yes. TOWN COUNSEL SCHACHNER-My question was whether you physically have resubmitted the new plan and since this only happened this afternoon I was assuming the answer was no and the answer is no. MR. HUTCHINS-Right. Regular Town Board Meeting, 06-05-2023, MTG#17 6 TOWN COUNSEL SCHACHNER-So if you want to, so for starters if you want to grant these variances, at the very least, we should add a provision in the Resolution that says Whereas the applicant's consultant or representative has agreed to modify the plans as described and that may be and submit the modified plan. That may be all we go here because we're not comfortable suggesting additional variance. MR. HUTCHINS-That works. SUPERVISOR STROUGH-Okay and the Board understands that. So with the six variances requested and we did point out to the public the effluent main to be three foot from the residence instead of the required 10-foot setback and that the additional Whereas explaining the new design of the filtration bed would be included in the Resolution as described by Town Counsel. Is there a motion to approve Katheryn and Daniel McMorrow application for sanitary sewage disposal variances? RESOLUTION APPROVING KATHERYN AND DANIEL MCMORROW'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 33,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Katheryn and Daniel McMorrow (Applicants) previously applied for and received approval from the Local Board of Health for variances from Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to replace a failing wastewater system on their property located at 366 Cleverdale Road, Queensbury as delineated in Resolution BOH 24,2016;however,the Applicants did not complete installation of the replacement wastewater system at that time, and WHEREAS, Applicants resubmitted their application to replace the wastewater system on their property by installation of a Fujiclean CE-5 Enhanced Treatment Unit (ETU) system with the requested variances, similar to those approved by Resolution BOH 24,2016, as follows: 1. Absorption field to be 96.4' from Lake George instead of the required 100' setback; and 2. Absorption field to be 3.9' from the north property line instead of the required 10' setback; 3. Absorption field to be 11.4' from the residence instead of the required 20' setback; 4. ETU and Pump Station to be 3.8' from the south property line instead of the required 10' setback; 5. ETU and Pump Station to be 4.7' from the residence instead of the required 10% and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, June 5 h, 2023, and Regular Town Board Meeting, 06-05-2023, MTG#17 7 WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, the Applicant has slightly modified the proposed site of the filtration system to cause a twenty-five percent (25%) reduction in the septic bed size instead of a thirty-three percent (33%)reduction, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Katheryn and Daniel McMorrow for variances from the Sewage Disposal Ordinance to replace the wastewater system on their property by installation of a Fujiclean CE-5 Enhanced Treatment Unit(ETU) system with the requested variances as follows: 1. Absorption field to be 96.4' from Lake George instead of the required 100' setback; and 2. Absorption field to be 3.9' from the north property line instead of the required 10' setback; 3. Absorption field to be 11.4' from the residence instead of the required 20' setback; 4. ETU and Pump Station to be 3.8' from the south property line instead of the required 10' setback; 5. ETU and Pump Station to be 4.7' from the residence instead of the required 10' setback; and 6. Effluent force main to be 3.7 from the residence instead of the required 10' setback; on property located at 366 Cleverdale Road, Queensbury and bearing Tax Map No.: 226.12-1-62, and BE IT FURTHER, Regular Town Board Meeting, 06-05-2023, MTG#17 8 RESOLVED, that the variances are approved on the basis of the modified system design as set forth above, and BE IT FURTHER, RESOLVED, that the ETU shall be maintained by the property owners in accordance with the manufacturer's recommendations for the life of the system, an 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 5t'day of June, 2023, by the following vote: AYES Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES Mr. Freer ABSENT: None RESOLUTION GRANTING DAVID BARLOW ADDITIONAL EXTENSION OF TIME TO COMPLETE INSTALLATION OF HOLDING TANK SYSTEM ON PROPERTY LOCATED AT 22 WARD LANE RESOLUTION NO.: BOH 34,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 Regular Town Board Meeting, 06-05-2023, MTG#17 9 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided, and WHEREAS, David Barlow (Applicant) previously advised the Town Board, as the Town's Local Board of Health,that when the required property transfer septic inspection took place for his property located at 22 Ward Lane (Tax Map No.: 240.6-1-6), it was found that the existing wastewater system was deficient; however, the proposed new holding tank system was not able to be completed within the required six (6) month time period due to the time of year and timing of permitting, and WHEREAS, Applicant therefore requested that the Town Board grant him additional time to complete installation of the holding tank system and extend the date by which the $2,000 escrow deposit Applicant previously deposited with the Town be automatically forfeited to June 3rd 2023, and WHEREAS, by Resolution No.: BOH 3, 2023, the Town Board approved Applicant's variance to allow installation of the holding tank system and authorized and granted Applicant the requested additional time or until June 3rd, 2023 to complete such installation and obtain a certificate of compliance from the Town's Building and Codes Enforcement Office, and WHEREAS, by letter dated May 30, 2023, Hutchins Engineering, PLLC, agent for Applicant, advised that they have had difficulty acquiring the sewage pump system required to complete installation of the holding tank system and therefore has requested that the Town Board grant Applicant additional time to complete such work and extend the date by which the $2,000 escrow deposit Applicant previously deposited with the Town be automatically forfeited to September 1, 2023 and the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants David Barlow additional time to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office to complete installation of the holding tank system on his property located at 22 Ward Lane, Queensbury and extends the date by which the $2,000 escrow deposit the Applicant previously deposited with the Town be automatically forfeited until September 1st, 2023 with the condition that the premises shall not be utilized for rental purposes until and unless the holding tank system has been installed as confirmed by the Director of Building and Codes Enforcement and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. Regular Town Board Meeting, 06-05-2023, MTG#17 10 Duly adopted this 5fh day of June, 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 GERALDINE EBERLEIN RESOLUTION NO.: BOH 35,2023 INTRODUCED BY: Mr. Anthony Metivier 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, Geraldine Eberlein has applied to the Local Board of Health for variances from Chapter 136 to install an on-site subsurface wastewater treatment system on property located at 12 Seeyle Road North in the Town of Queensbury, such system to be a mounded soil absorption system (System)with the: 1. Groundwater table to be 6"below the ground surface in lieu of the required 3' below ground surface; 2. System to be placed on a neighboring property(identified as 8 Seeyle Road North in accordance with: a) drawings prepared by Studio A Landscape Architecture; and b) an Agreement between Applicant and David K. Ries and Theresa Marinello Ries dated September 12t', 2014; both of which documents are part of variance application); and 3. Effluent line to be located 0' from the property line in lieu of the required 10' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, June 19t', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Geraldine Eberlein's sewage disposal variance application concerning property located at 12 Seeyle Road North in the Town of Queensbury(Tax Map No.: 227.17-1-25) Regular Town Board Meeting, 06-05-2023, MTG#17 11 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 5t'day of June, 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 36,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 5t'day of June, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) No public comment. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE FEEDER CANAL ALLIANCE RESOLUTION NO.: 200, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 06-05-2023, MTG#17 12 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 Feeder Canal Alliance in an amount not to exceed $10,000 with occupancy tax revenues received from Warren County and accordingly enter into a 2023 Agreement with the Feeder Canal Alliance for the provision of recreational venues and promotion of events to Town and area residents and visitors, 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 Feeder Canal Alliance and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting,with funding not to exceed $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 5t'day of June, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Ferone NOES None ABSENT: None ABSTAIN: Mr. Freer Regular Town Board Meeting, 06-05-2023, MTG#17 13 RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM JUDITH NEWMAN RESOLUTION NO.: 201, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury Cemetery Commission previously sold five (5) cemetery lots in the Pine View Cemetery to Judith L. Newman in Erie Plot, Lot No: 27-A, and WHEREAS, Ms. Newman has requested that the Town's Cemetery Commission buy back such lots, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re-purchase of such lots and approval by the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of five (5) cemetery lots in the Pine View Cemetery from Judith L. Newman in Erie Plot, Lot No: 27-A for the total amount of$2,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for payment of such amount to Ms.Newman and properly account for the sales in the Town's books and records, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 5 h day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 06-05-2023, MTG#17 14 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO.: 202, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 World Awareness Children's Museum in the amount of$9,000 with occupancy tax revenues received from Warren County and accordingly enter into an Agreement with the World Awareness Children's Museum 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 2023 Agreement between the Town and the World Awareness Children's Museum and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting,with funding not to exceed$9,000 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 $9,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $9,000; and RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Regular Town Board Meeting, 06-05-2023, MTG#17 15 Duly adopted this 5t'day of June, 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 SERVICES RELATING TO GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 203, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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.: 121, 2023, the Town Board authorized engagement of Solitude Lake Management (Solitude) 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's Lake Management Contract dated February 21, 2023, 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 further engage the services of Solitude for the 2023 Aquatic Vegetation Lake Management Contract for Glen Lake for treatment of approximately 16 acres of Glen Lake with Aquathol K with costs for such treatment and follow-up work to be as follows: Task 3: Treatment 5-15 acres - $ 2,250/acre 16-34 acres - $ 2,040/acre (Maximum cost: $ 35,790) Task 4: Post-treatment monitoring of Aquathol K (2 sites) - $ 850 Regular Town Board Meeting, 06-05-2023, MTG#17 16 Task 4a: Additional samples, if required - $ 345/sample Task 5: Aquatic Plant Mapping Survey (Post-treatment) - $ 3,535 Task 6: Prepare and file NYSDEC Annual Report - $ 650 ------------ MAXIMUM TOTAL COST: - $ 41,170 as delineated as Tasks 3 through 6 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 2023 Aquatic Vegetation Lake Management Contract for Glen Lake for treatment of approximately 16 acres of Glen Lake with Aquathol K with costs for such treatment and follow-up work to be as follows: Task 3: Treatment 5-15 acres - $ 2,250/acre 16-34 acres - $ 2,040/acre (Maximum cost: $ 35,790) Task 4: Post-treatment monitoring of Aquathol K (2 sites) - $ 850 Task 4a: Additional samples, if required - $ 345/sample Task 5: Aquatic Plant Mapping Survey (Post-treatment) - $ 3,535 Task 6: Prepare and file NYSDEC Annual Report - $ 650 ------------ MAXIMUM TOTAL COST: - $ 41,170 as delineated in Solitude Lake Management's Lake Management Contract dated February 21, 2023 substantially in the form presented at this meeting contingent upon the Town's receipt of a proper certificate of insurance in form acceptable to the Town, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay Regular Town Board Meeting, 06-05-2023, MTG#17 17 expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790- 4400 not to exceed $41,170 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that Solitude Lake Management shall not commence the work authorized by this Resolution and as set forth in Solitude Lake Management's Lake Management Contract dated February 21, 2023 until such time that Solitude Lake Management has obtained all insurance required by the Town of Queensbury, including boat insurance, and the Town has explicitly approved such insurance, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 5t'day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING VITAL RECORDS SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LEXISNEXIS VITALCHEK NETWORK, INC. RESOLUTION NO.: 204, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Clerk has recommended Town Board authorization of a Vital Records Service Agreement (Agreement) between the Town and LexisNexis VitalChek Network, Inc. (VitalCheck), such Agreement providing for a service which expedites users' remote application,processing and delivery of requests for vital records at no cost to the Town;rather,users would pay VitalChek directly for the services and VitalChek would make payment to the Town in an amount equal to the Town's charges for all properly authorized requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Vital Records Service Regular Town Board Meeting, 06-05-2023, MTG#17 18 Agreement (Agreement) between the Town and LexisNexis VitalChek Network, Inc. (VitalCheck) and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting and/or any other necessary documentation and the Town Supervisor, Town Clerk and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 5t'day of June, 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 QUEENSBURY TOWN CODE CHAPTER 73 ENTITLED, "DOG CONTROL" TO PROVIDE FOR CIVIL PENALTIES RESOLUTION NO.: 205, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to amend Queensbury Town Code Chapter 73 "Dog Control" so that violations of Chapter 73 will not be subject to the Criminal Procedural Law; rather, violations will be punishable by civil penalties, and WHEREAS, the Town Board has prepared and presented at this meeting proposed Local Law No.: of 2023, and WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held prior to adoption of a 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, New York at 7:00 p.m. on Monday, June 19t', 2023 to consider proposed Local Law No.: of 2023 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No.: of 2023, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and post a Notice of the Public Hearing concerning proposed Local Law No.: of 2023 in the manner provided by law. Regular Town Board Meeting, 06-05-2023, MTG#17 19 Duly adopted this 5t'day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None ORDER SETTING PUBLIC HEARING REGARDING PROPOSED EXTENSION #5 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE WALKER RIDGE APARTMENTS PROPOSED BY SCHERMERHORN PROPERTIES, LLC RESOLUTION NO.: 206, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to consider an extension of its Greater Queensbury Consolidated Sanitary Sewer District to be known as Sanitary Sewer District Extension 45 (Extension 45) to serve the Walker Ridge Apartments Project to consist of two 20- unit apartment buildings and associated work including the sewer construction project/Extension 45 (Project)proposed to be constructed by Schermerhorn Properties, LLC (Developer) at the end of Walker Lane in the Town of Queensbury, New York(Tax Map Nos: 296.11-1-5.23, 24 and 25 —to be combined with Schermerhorn Cottage Hill, LLC parcel Tax Map No.: 296.15-1-2)referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report has been prepared by Hutchins Engineering, PLLC (Map, Plan and Report) concerning proposed Extension 45 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 45, 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 May 16t', 2023, the Town Planning Board, as Lead Agency, conducted a State Environmental Quality Review Act(SEQRA) Review of the Project referred to as Planning Regular Town Board Meeting, 06-05-2023, MTG#17 20 Board Site Plan No. 24-2023 Schermerhorn Properties, LLC, such Project being an Unlisted Action, and issued a SEQRA Negative Declaration for this Project and associated work including this sewer construction Project, and also adopted a Resolution for recommendation to the Town Board that it grant such Extension 45, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Extension 45 are as set forth in the Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren, and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the northerly bounds of Walker Lane, said point marking the southwest corner of lands as conveyed to Schermerhom Warren I by deed book 5257 at page 313; thence running in a westerly direction, along the northerly bounds of Walker Lane, South 78 degrees, 55 minutes, and 50 seconds West, a distance of 346.50 feet to a point at the intersection of Walker Lane and Dorlon Drive; thence continuing in a southerly direction, along the westerly bounds of Dorlon Drive, the following three courses and distances: 1.) South 11 degrees, 25 minutes, and 34 seconds East, a distance of 34.25 feet to a point; thence 2.) Along a curve to the left, having a radius of 500.00 feet for a distance of 154.44 feet to a point; thence 3.) South 11 degrees, 02 minutes, and 01 seconds East, a distance of 225.00 feet To a point along the southeast corner of the intersection of Baybridge Drive and Dorlon Drive marking a corner of the lands as conveyed to Queensbury Baybridge HOA by deed book 5012 at page 258; thence continuing, along the bounds of Queensbury Baybridge HOA and the lands as conveyed to Jeremiah Keeton by deed book 6049 at page 223, the following eight courses and distances: 1.) South 78 degrees, 57 minutes, and 59 seconds West, a distance of 167.00 feet to a point; thence 2.) South 11 degrees, 02 minutes, and 01 seconds East, a distance of 279.81 feet to a point; thence 3.) South 56 degrees, 02 minutes, and 01 seconds East, a distance of 256.94 feet to a point; thence 4.) South 11 degrees, 02 minutes, and 01 seconds East, a distance of 133.28 feet to a point; thence 5.) North 80 degrees, 29 minutes, and 10 seconds East, a distance of 231.32 feet to a point; thence 6.) South 09 degrees, 30 minutes, and 51 seconds East, a distance of 636.82 feet to a point; thence 7.) South 80 degrees, 29 minutes, and 09 seconds West, a distance of 938.46 feet to a point; thence 8.) North 09 degrees, 30 minutes, and 51 seconds West, a distance of 232.10 feet To a four inch concrete monument marking the southeast corner of the lands as conveyed to William L. and Rosemary Loomis by deed book 296.15 at page 182; thence continuing in a northerly direction, along the easterly bounds of Loomis and eleven other properties with frontage on Country Club Road, North 01 degrees, 19 minutes, and 05 seconds West, a distance of 1377.35 feet to a four inch concrete monument along the southerly bounds of the lands as conveyed to Paul and Maria Kruger by deed book 3401 at page 147; thence continuing, along the bounds of Kruger and the lands as conveyed to Sarah Elizabeth Gray by deed book 6180 at page 119, the following five courses and distances: 1.) North 78 degrees, 57 minutes, and 59 seconds East, a distance of 130.00 feet to a point; thence 2.) North 05 degrees, 37 minutes, and 06 seconds West, a distance of 90.00 feet to a point; thence 3.) North 56 degrees, 59 minutes, and 16 seconds West, a distance of 187.89 feet to a point; thence 4.) South 83 degrees, 11 minutes, and 24 seconds West, a distance of 44.53 feet to a point; thence 5.) North 04 degrees, 38 minutes, and 06 seconds West, a distance of 342.55 feet Regular Town Board Meeting, 06-05-2023, MTG#17 21 To a point marking the northeast corner of Gray, being found along the southerly bounds of the lands as conveyed to Ashish Patel by deed book 6344 at page 95; thence continuing, along the southerly bounds of Patel and the lands as conveyed to Eric J. Troelstra by deed book 5840 at page 305, the following two courses and distances: 1.) North 83 degrees, 23 minutes, and 10 seconds East, a distance of 349.66 feet to a point; thence 2.) North 83 degrees, 01 minutes, and 14 seconds East, a distance of 98.79 feet To a point along the southerly bounds of Troelstra, marking a corner of the lands as conveyed to Schermerhorn Warren I by deed book 5257 at page 313; thence continuing, along the bounds of Schermerhorn Warren I, the following three courses and distances: 1.) South 05 degrees, 27 minutes, and 24 seconds East, a distance of 25.08 feet to a point; thence 2.) North 83 degrees, 00 minutes, and 06 seconds East, a distance of 401.25 feet to a point; thence 3.) South 10 degrees, 48 minutes, and 22 seconds East,a distance of 442.32 feet to a point marking the place and point of beginning, containing 32.82 acres of land to be the same more or less. Bearings given in the above description refer to Grid North. SUBJECT to easements of record. 2. The existing Schermerhorn Cottage Hill, LLC parcel currently has a series of sanitary sewer manholes connected to the existing apartments and flows into a privately maintained sewer pump station which discharges into the Greater Queensbury Consolidated Sewer District. The proposed improvements of the proposed Extension 45 consists of extending the existing gravity sewer from an existing sanitary sewer manhole to the southwest of the new parcel to the proposed apartment complex. The proposed apartment complex will have 6" PVC sewer laterals from each building discharging into a new sewer manhole which will have an 8" PVC gravity sewer connected to the existing manhole in the Schermerhorn Cottage Hill, LLC parcel. 3. The facilities for this Sanitary Sewer District Extension 45 to be constructed and capital costs associated with this Extension 45 are estimated to be approximately $40,100 to be paid for by Developer; therefore, the Town will incur no construction and/or capital costs associated with this Extension 45. The total one-time cost of hook-up and permit fees is estimated to be $22,781. Developer will be required to maintain all of its sewer infrastructure to the point of connection to the existing sewer main. No dedication of infrastructure will be necessary for this Extension 45. 4. The estimated annual cost of the Extension 45 to the developed Property would be calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also available on the Town of Queensbury Website: w.w.w..queensbury a. There is no "typical property" which is a one or two family home in such proposed District as the one commercial lot/subject Property is the only Property in this Extension 45 and the "typical property." The cost of operation and maintenance would include the costs to operate, maintain, and supply the sewer system and is reflected in sewer rent charges. Based on an estimated daily usage of 8,800 gallons per day and an existing operation and maintenance rate of$5.50 per 1,000 gallons, the quarterly use fee would be approximately $4,356 per quarter or$17,424 per year. The Town also imposes Regular Town Board Meeting, 06-05-2023, MTG#17 22 a property's share of the Greater Queensbury Consolidated Sanitary Sewer District's debt service using a Benefit Tax which is currently $23.25 per unit. The developed parcel would be designated Class A/B1,residential apartments and assessed three(3)units per acre. An additional component to the Benefit Tax is the apartment multiplier component which is assessed at a rate of one (1)unit per apartment. Based upon a total lot size of 5.72 acres and a total of 40 apartments, the annual benefit based on current fee rates would be 17.16 units (Developed Lot—5.72 acres x 3 units per acre) + 40.00 units (Apartment multiplier 40 Apartments x 1 unit/apartment) for a total of 57.16 units resulting in an estimated Benefit Tax of$1,328.97. The calculation of$17,424 annually plus the Benefit Tax of$1,328.97 plus the total one-time cost of hook-up and permit fees of$22,781 would come to a total initial annual charge of$41,534. The Property is the only property in this Extension 45 so it is the mode/typical property. 5. Developer will pay all costs of the improvements including the one-time buy-in cost and Town connection fee, so there will be no financing required by the Town on behalf of the District or otherwise. 6. A detailed explanation of how the estimated costs of the Extension 45 were computed is included in the Map,Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. The Town Planning Board conducted SEQRA review of this Project including sewer construction and adopted a Negative Declaration for the Project. 9. 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, June 19t', 2023 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two(2)Affidavits of Publication of Notice and two(2)Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Duly adopted this 5t'day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty Regular Town Board Meeting, 06-05-2023, MTG#17 23 NOES : None ABSENT: None 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.: 303.6-1-3 RESOLUTION NO.: 207, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, F.W. Webb Company (Webb) submitted a zoning change application to the Queensbury Town Clerk's Office on or about March 27, 2023 to allow for a change of zoning district designation for a parcel located on the west side of Quaker Road in the Town of Queensbury identified as Tax Map No: 303.6-1-3 (Parcel) from Commercial Intensive (CI) to Commercial Light Industrial (CLI), and WHEREAS, Webb has also submitted an application to the Planning Board for Site Plan Review approval for a proposed wholesale building supply facility, and WHEREAS,the Town Board,by Resolution No.: 142, 2023,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 May 18, 2023, the Planning Board, as SEQRA Lead Agency, 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 April 21, 2023 the Warren County Planning Department issued a recommendation of No County Impact, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023 to change the zoning district designation for such Parcel from Commercial Intensive (CI) to Commercial Light Industrial (CLI) as presented at this Town Board meeting, including a proposed Regular Town Board Meeting, 06-05-2023, MTG#17 24 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 on Monday, June 19t', 2023 at 7:00 p.m. 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.: 303.E-1-3,"and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Regular Town Board Meeting, 06-05-2023, MTG#17 25 Town Board to lawfully adopt proposed Local Law No.: of 2023. Duly adopted this 5fh day of June, 2023, by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Freer,Mr.Ferone,Mr. McNulty NOES None ABSENT: None RESOLUTION ADDING EXISTING DRIVEWAYS OR ACCESS DRIVES AT THE TOP OF THE WORLD DEVELOPMENT TO TOWN'S LIST OF PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 208, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 existing driveways or access drives at the Top of the World development to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby adds the following existing driveways or access drives at the Top of the World development to the Town of Queensbury's list of private driveways and roads: • Clubhouse Drive; • Lost Chalet Way • Recreation Court 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 5t'day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 06-05-2023, MTG#17 26 RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH MYREC.COM RECREATION MANAGEMENT SOFTWARE FOR PROVISION OF ON-LINE PAYMENT OF TOWN PARKS AND RECREATION PROGRAMS AND ACTIVITIES RESOLUTION NO.: 209, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 139, 2016, the Queensbury Town Board authorized a Recreation Management Software Standard Agreement with MyRec.com providing for on-line registration and payment via credit cards for the Town's Department of Parks and Recreation programs and activities, and WHEREAS, Town Board wishes to authorize renewal of the Agreement in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the renewal of the Recreation Management Software Standard Agreement with MyRec.com providing for on-line registration and payment via credit cards for the Town's Department of Parks and Recreation programs and activities 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 any other needed documentation and the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 5 h day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JAYDON BRUNELLE AS TEMPORARY, SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 210, 2023 Regular Town Board Meeting, 06-05-2023, MTG#17 27 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Cemetery Superintendent has requested Town Board authorization to hire Jaydon Brunelle as a Temporary, Seasonal Laborer to work for the Cemetery Department for up to 11 weeks, not to exceed 40 hours per week, and WHEREAS, funds for such position have been budgeted for in the Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Jaydon Brunelle is the son of Cemetery Department Laborer Michael Brunelle, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jaydon Brunelle as a Temporary, Seasonal Laborer for the Cemetery Department for up to 11 weeks commencing on or about June 6t', 2023, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED,that Mr. Brunelle shall be paid$15.50 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery 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 5t'day of June, 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 O'CONNOR REALTY, INC. REGARDING RETRIEVAL OF GRASS CLIPPINGS AND WOOD CHIPS FROM RIDGE ROAD TRANSFER STATION Regular Town Board Meeting, 06-05-2023, MTG#17 28 RESOLUTION NO.: 211, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury owns the Ridge Road Transfer Station located at 1396 Ridge Road (Transfer Station), and WHEREAS, O'Connor Realty, Inc., (O'Connor) owns property located at 1456 Ridge Road which is located directly next to the Transfer Station; and WHEREAS, the Transfer Station collects grass clippings and wood chips that the Town has no use for and O'Connor would like to take these grass clippings and wood chips, and WHEREAS,the Town Board believes that an agreement between the Town and O'Connor for the proposed retrieval of grass clippings and wood chips by O'Connor would be beneficial to Town residents, and WHEREAS, a proposed Agreement between the Town and O'Connor is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement Between the Town of Queensbury and O'Connor Realty, Inc. and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Transfer Station Supervisor and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution and Agreement. Duly adopted this 5 h day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION APPOINTING MAUREEN CHASE TO TOWN OF QUEENSBURY CEMETERY COMMISSION Regular Town Board Meeting, 06-05-2023, MTG#17 29 RESOLUTION NO.: 212, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS,there is presently a vacancy on the Commission, and WHEREAS, the Cemetery Superintendent and Cemetery Commission have recommended that the Town Board appoint Maureen Chase as a Commissioner to serve a new,three(3)year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Maureen Chase to serve as a member of the Town Cemetery Commission to serve a three (3) year term commencing as of July 1', 2023 through June 30t', 2026. Duly adopted this 5t'day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS: 05262023 AND 06062023 RESOLUTION NO.: 213, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented as Warrants: 05262023 and 06062023 with run dates of. 05/25/2023 and 06/01/2023 and payment dates of. 05/26/2023 and 06/06/2023 respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 05262023 and 06062023 with run dates of. 05/25/2023 and 06/01/2023 and Regular Town Board Meeting, 06-05-2023, MTG#17 30 paymentdates of: 05/26/2023 and 06/06/2023 totaling$370,468.58 and$1,143,347.35 respectively, 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 5t'day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, TOWN OF QUEENSBURY UNIT #900700, WARREN COUNTY LOCAL 857 ("CSEA") RESOLUTION NO.: 214, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury (Town) has entered into a Collective Bargaining Agreement(CBA)with the Civil Service Employees Association,Inc., Local 1000, AFSCME, AFL- CIO, Town of Queensbury Unit 4900700, Warren County Local 857 ("CSEA") regarding employment of the employees in the Town's CSEA Bargaining Unit which is in full force and effect through December 31, 2024, and WHEREAS, a Bargaining Unit employee filed a grievance on April 20, 2022 alleging a violation of the CBA which the Town disputed, and WHEREAS, the Town and the CSEA have met and negotiated terms to settle the grievance in accordance with a Settlement Agreement dated June 5, 2023, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes the terms of the Settlement Agreement between the Town and the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Town of Queensbury Unit 4900700, Warren County Local 857 Regular Town Board Meeting, 06-05-2023, MTG#17 31 ("CSEA")relating to a grievance filed by one of the Town's Bargaining Unit employees on April 20, 2022, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Settlement Agreement substantially in the form presented at this meeting and/or any other documentation and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 5t'day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 4.0 CORRESPONDENCE DEPUTY TOWN CLERK MURPHY-Received Supervisor's monthly report from Building and Codes for May, 2023 which is on file in the Town Clerk's Office. SUPERVISOR STROUGH-Email received from Sandra Hutchinson over her concerns with the rezoning of the proposed FW Webb Facility off of Quaker Road from CI to CLI. 5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) STUART ALAN-Notified the Town of the severe air quality alert for the area according to NYSDEC. Recommended the need for public access and remote access to local events such as EDC and SUNY Adirondack events and urged Board to help make changes. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1) • Reported that he had the pleasure of presenting Nicholas Giambroni with his Eagle Scout award. Nicholas achieved his Eagle Scout award by doing a sustainability project that he shared with the Town of Queensbury as well other communities in the area. It was a lovely ceremony. Congratulations to Nick and to his mother and brother as well. COUNCILMAN FREER(WARD II) Noted that the Town has gone from criminal to civil penalties on dog control and he does feel that is the right thing to do, it makes sense. Would like to get update on the rest of our animal control in the Town. Supervisor Strough reported that the SPCA of Upstate NY did sign the agreement but that they have a Board and President that is looking to take the organization in a different direction. The Town has been very happy with SPCA but if they do choose to go in another direction the Town may have to look for alternate source for dog control. SPCA are continuing to provide services until we find a replacement. Regular Town Board Meeting, 06-05-2023, MTG#17 32 COUNCILMAN FERONE(WARD II1) • Requested that people be careful driving and control their speed especially with kids out of school and increased activity on our local streets. COUNCILMAN MCNULTY(WARD IV) Updated the Board on 27 Indiana Avenue. Reported that Warren County now has ownership of the property. A quick walk through was done today with the Town, Sheriff, Fire Marshal and Code Director. Next step is to do an asbestos check which John O'Brien will be doing on Thursday. Town will then move forward with estimates to take down the house and clean up the entire area. Still to be discussed as we move forward is the removal of the two RVs on the property. Progress continues to be made and I appreciate the Boards support. Hopefully next meeting I can relay much more progress. SUPERVISOR STROUGH • Noted another brush fire in addition to Hudson Point, off of Peggy Ann Road in the lower water shed. Reported that our volunteer fire companies and local adjacent Municipalities helped to put the fires out quickly. Noted that the Board members all attend the annual banquets for the volunteer fire companies and that they get to meet the individuals that are volunteering their time to protect our property and our lives. I always appreciate the banquets and meeting the people giving their time so our community can be a safer place. Thank you. • Announced the Town Highway Department has Ward 1 leaf and brush pick up this week. • Announced upcoming Household hazardous waste drop off at the Queensbury Highway garage on August 26 8a-12p. • Attended a very enjoyable ceremony for Logan Edward Harpinger who also received his Eagle Scout award. We have a lot of Eagle Scouts in our area and it speaks to how supportive our community is of the young people. • Recognized our great Queensbury Parks and Recreation Department. Announced that the Summer Fall program guide is available and noted the number of programs being offered, such as mountain climbing, basketball, exercise programs, mountain biking at Gurney Lane, yoga, learning how to fly fish and so much more. • Thanked Joel Barlow and Look TV, and Jessie Jackson, Town Counsel Mark Schachner, Deputy Town Clerk Betty Murphy and the Town Board and the public for being here tonight. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 215, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 5th day of June,2023,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty NOES: None ABSENT: None Regular Town Board Meeting, 06-05-2023, MTG#17 33 RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II