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06-19-2023 Meeting #19 REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 37 REGULAR TOWN BOARD MEETING MTG#19 JUNE 19, 2023 RES. #218-230 7:00 P.M. BOH. #37-38 LL. #8 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN OFFICIALS STUART BAKER, SENIOR PLANNER (VIA ZOOM) TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON HARRISON FREER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 218, 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 191h day of June, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 1.1 Public Hearing- Sewage Disposal Variance Application of Geraldine Eberlein PUBLICATION DATE: JLTNE 9, 2023 SUPERVISOR STROUGH reviewed proposed application. Any member of the public can speak on this tonight but the Town Board will not be acting on this tonight, the applicant would like to provide further information to the Town. REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 38 JON LAPPER-Good evening everyone, for the record, Jon Lapper with Matt Huntington the Project Engineer. Just to make a few comments we asked for it to be tabled because we understand from reading the neighbors' letters. And also speaking with the Ries' who have the lot that where the system is proposed that we need to speak with everyone and work out some more details before we are ready to come back to the Town Board. Just in general, the applicant's house was built in 1903. She just had her system tested and it is working fine. It is way too close to the Lake. She previously worked out an agreement with her neighbors the Ries' that she would give them the slip and they would give her a place in the future, which is now to put a septic system on their property. Matt has designed a Fuji clean ETU system which I know that this Board is in favor of and a raised mound because that is what is appropriate in this location. The neighbor just to the south has a raised mound system that is what needs to be done. It would be nice if the Rockhurst System went a couple of houses north then we would not be talking about it. This is right on the border so the goal is to design a system which makes the neighbors comfortable, and of course the Town Board comfortable that it is properly designed. We are going to ask after the public hearing as you said to table it so we have some time to work it out with everybody. SUPERVISOR STROUGH-Okay, any questions from the Town Board before I open the public hearing? All right, seeing none I will open up the public hearing. Is there any member of the public tonight that would like to speak to this Eberlein application for Sanitary Sewer Disposal Variance? Yes sir, please come forward and identify yourself for the record and share your thoughts with us. BOB END-Thank you, my name is Bob End, we live at 8 Waters Edge Drive, which is directly adjacent to the lot that is the location of the proposed septic system. I am not sure we have enough information yet either. It sounds like you guys are waiting for more information but what we do know to date was the prior application that we did see a copy of. We have very serious concerns about putting in a septic system in what is a wetland. When we built our property, the APA designated that lot as a wetland, albeit a non jurisdictional wetland. I do not think there is any question that it is a wetland. We hired an independent consultant who came in and flagged all the evidence that it was a wetland. The idea of building a septic system in that location which has standing water virtually year round. We believe that there was a perk test last August which maybe was the driest time but if you did a perk test nine months,ten months of the year I do not think you would pass in that location. I do not think it is the purpose of tonight's meeting to talk about the aesthetics of it. The aesthetics of a raised leach field in that location which is barren there are no trees. We think it is going to be a real eye sore for the neighborhood. I understand that tonight is the Board of Health. We, when we built our property at 8 Waters Edge Drive, we had to put in a major storm water runoff system. We did it properly. We have catch basins;we have a leach field that is on our property that is far away from the Lake and we did that by design. We are very concerned about the impact that something like this would have on the Lake, on our health. The water runs across the shared driveway that we share with our neighbors. Actually, there are four properties that share the right-of-way and the water in the springtime and in the winter and after a heavy storm like we had this Saturday it runs across the road. It comes into a catch basin which we designed but our property, the water collection system was designed for our property not somebody else's property. So, I just cannot imagine that it makes sense to put in a septic system in that location. All you have to do is step on to it after a rain like we had on Saturday and you are going to sink. I wrote a letter for the previous hearing and in the letter I somewhat facetiously said that when Dave Ries cuts that lot his tractor would get stuck. It will get stuck for a couple of days because it is so wet. I am not sure that we know the exact location of the proposed leach field but last one we did see drawings of is in the lowest location and that has water and ducks in it virtually year-round. So, I just, I would really encourage I am sure you can design a system but to grant variances in the location that just does not make a lot of sense. I think it is really a stretch. We understand that the Eberleins did have a prior septic system approved on their property. We believe that should suffice. I just, as a conscientious neighbor, I cannot support this project. SUPERVISOR STROUGH-Bob, for the record you and Trisha did submit an email dated June 14, it went to Town Clerk as well as the Town Board basically said very similar to what you stated are your concerns. MR. END-Yes. SUPERVISOR STROUGH-So just a matter for the record. REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 39 MR. END-Yes. SUPERVISOR STROUGH-Okay. COUNCILMAN MCNULTY-John, if I may. SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-Is that your property with the raised bed down right across the street? MR. END-Yes. COUNCILMAN MCNULTY-Okay, there was a question about landscaping. What you did there looks, it fits well with the neighborhood with the rocks and the trees and stuff. We all walked out today. In fact, my shoes are still wet from walking over there. So, your comments are spot on as to what we saw today. And that is why we asked them to go back and talk to the owners to make sure they have an agreement before it comes back before us. I think, the question about aesthetics which you did works well. MR. END-Thank you. SUPERVISOR STROUGH-Okay, any other questions? MR. END-Thank you very much. SUPERVISOR STROUGH-Thank you. Yes, please come forward. Introduce yourself for the record please. STEPHEN LAFLECHE-My name is Steve LaFleche,I live at 12 Waters Edge Drive just the brown house with the green trim on it. We submitted a letter as well which summarizes so I will not repeat everything that is in the letter. I will just hit a couple of points. We are the only neighbor that lives there all year round. We moved there full-time in 2018. We bought our property in 2008. When we moved there full-time, we had Dennis MacElroy do our work for us. He was adamant that in that area with the low-level ground water. He said you are going to have to put a holding tank in here. We were not happy with that at first but recognized that we have to protect the Lake and that is what we did. We put a holding tank in and it has worked extremely well for us. I will just emphasize Bob's point because I live there all year round there is a ton of water that all flows down to us. Everything goes to the Lake eventually, right that is how it works. We are the closest to the Lake in that lot. In that lot,I say that group of homes there. So,we are constantly inundated and a matter of fact last year because of so much water we had Gould's come and replace the driveway with permeable pavers going down three feet of crushed stone that goes into a system that Tom Jarrett. You probably remember that name. He designed for us and Chris Crandall put it in. So battling the water is kind of part of living in that area. It is great we all have flat lots we love but the water is a big problem. My biggest concern is just for the health of my family. I just cannot imagine all; I see that water is constantly running down to us. If there is a septic system up there with affluent and that makes it way down it is coming to my property. So, I am all for building new homes and upgrading things but I just have a hard time supporting putting something like that in that spot. I just do not think it makes a lot of common sense. SUPERVISOR STROUGH-Okay, questions? Thank you. I will note that we did receive your email with your concerns as you kind of outlined. MR. LEFLECHE-Okay. SUPERVISOR STROUGH-Thank you. Any other member of the public wish to speak to this variance application? All right, seeing none I will keep the public hearing open. We will not be acting on this tonight. REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 40 RESOLUTION GRANTING 47 KNOX LLC AN EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED AT 47 KNOX ROAD RESOLUTION NO.: BOH 37,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided, and WHEREAS, a change of deed for property located at 47 Knox Road in the Town(Tax Map No.: 239.7-1-10) occurred on or about August 23rd, 2022 and when the required property transfer septic inspection took place, it was found that the existing sewage disposal system was deficient; however,the proposed replacement septic system will not able to be completed within the required six (6) month time period, and WHEREAS, by letter dated January 5, 2023, Jonathan C. Lapper, Esq., on behalf of new owner 47 Knox Road, LLC, (Applicant), advised that due to needed approvals from the Town's Planning and Zoning Boards related to Applicant's plans for the proposed demolition of the existing structure and construction of a new home including a replacement septic system on the site,Applicant is unable to arrange for installation of a Code compliant sewage disposal system and therefore has requested that the Town Board grant additional time to complete such work and extend the date on which the $2,000 escrow deposit Applicant previously deposited with the Town be automatically forfeited to December 5 h,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 47 Knox Road, LLC additional time or until December 5 h, 2023 to obtain a REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 41 certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 to complete demolition of the existing structure and construction of a new home including installation of a new Code compliant onsite wastewater treatment system on Property located at 47 Knox Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of December 5 h, 2023, and BE IT FURTHER, RESOLVED,that the existing structure on the Property shall not be inhabited and the Property shall not be utilized for rental use until demolition is complete and a new Code compliant onsite wastewater treatment for the new home construction has been approved and installed as confirmed by the Director of Building and Codes Enforcement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 191h day of June, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT : None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 38, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 191h day of June, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 42 2.0 PUBLIC HEARINGS SUPERVISOR STROUGH-I just wanted to point out to the public that if any member of the public is here for the matter of Amending Chapter 179 "Zoning" property that the FW Webb is at least considering buying. In which it is currently Zoned Commercial Intensive and they are proposing a Commercial Light Industrial, that public hearing has been moved to July 10. At a Town Board Meeting, Monday July 101h. The reason is Stu Baker came up to me this morning apologetic usually does not make mistakes in this case he did. He failed to give the required notification to adjacent landowners. So, we will do that notification and we will have that public hearing on this proposed zoning change July 101h. We will not be dealing with it tonight. 2.1 Public Hearing-Proposed Local Law No.: of 2023 to Amend Town Code Chapter 73 Entitled, "Dog Control" to Provide for Civil Penalties PUBLICATION DATE: JLTNE 9, 2023 SUPERVISOR STROUGH-Reviewed the proposed Local Law change to Civil Law instead of Criminal Law. There is a public hearing on this tonight. Is there any member of the public that wishes to speak to the proposed amending of the Queensbury Town Code Chapter 73, entitled Dog Control to provide for civil penalties? Seeing none, I will close the public hearing. OPENED PUBLIC HEARING No public comment. CLOSED PUBLIC HEARING RESOLUTION ENACTING LOCAL LAW NO.: 8 OF 2023 TO AMEND QUEENSBURY TOWN CODE CHAPTER 73 ENTITLED, "DOG CONTROL" TO PROVIDE FOR CIVIL PENALTIES RESOLUTION NO.: 219, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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.: 8 of 2023, "A Local Law to Amend Queensbury Town Code Chapter 73 Entitled, `Dog Control' to Provide for Civil Penalties," and WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held prior to adoption of a Local Law and the Town Board duly held such Public Hearing on Monday, June 19th, 2023 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 8 of 2023, "A Local Law to Amend Queensbury Town Code Chapter 73 Entitled, `Dog Control' to Provide for Civil Penalties," and REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 43 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file the Local Law with the New York Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law shall become operative immediately and shall be effective upon filing by the office of the New York Secretary of State. Duly adopted this 19th day of June,2023,by the following vote: AYES Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough,Mr. Metivier NOES None ABSENT: None LOCAL LAW NO.: 8 OF 2023 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 73 ENTITLED, "DOG CONTROL" TO PROVIDE FOR CIVIL PENALTIES BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS. Section 1: The name of this Local Law is: "A Local Law to Amend Queensbury Town Code Chapter 73 Entitled, `Dog Control' to Provide for Civil Penalties. Section 2: Town Code Chapter 73, §73-5 "Powers and duties of Dog Control Officer" subsection "E" is hereby amended as follows: § 73-5 Powers and duties. E. Enforcing the provisions of Article 7 of the Agriculture and Markets Law and Chapter 73 of the Code of the Town of Queensbury by issuing appearance tickets, pufstiant to the rr;m;r^' Pfeee ufal r ^_: , serving a summons and serving and executing any other order or process in the execution of the provisions of said Chapter 73 and New York State Agriculture and Markets Law Article 7. The Dog Control Officer shall also assist in the filing of complaints by persons other than the Dog Control Officer, as provided for by this Chapter and Agriculture and Markets Law Article 7. Section 3: Town Code Chapter 73, §73-10 "Penalties for offenses" is hereby repealed and replaced as follows: § 73-10 Penalties for offenses. REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 44 A. Whefe the pefsen was fatmd to have violated this Chaptef (as ftem time to time pfeeeding five yeafs, the fine may be not less than $150 and no tnefe than $250; and pfeeeding five yeafs, it shall be ptmishable by a fine of not less than $250 and A violation of this Chapter is punishable by a monetary civil penalty/fine of$125 except that. A. Where the person was found to have violated this Chapter (as it is from time to time amended) or Article 7 of New York State's Agriculture and Markets Law, within the preceding five years, the fine shall be $250; B. Where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of$350. Section 4: Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 5: Repealer—All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 6: Effective Date—This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. 2.2 PULLED -Public Hearing- Proposed Local Law No.: of 2023 to Amend Chapter 179 "Zoning" of Town Code to Amend Zoning Map to Change Zoning District Designation for Properties of FW Webb 2.3 Public Hearing Regarding Proposed Extension #5 to Greater Queensbury Consolidated Sanitary Sewer District to Serve Walker Ridge Apartments Proposed by Schermerhorn Properties. PUBLICATION DATE: JLTNE 10, 2023 SUPERVISOR STROUGH-Reviewed the Proposed Extension 45 to Greater Queensbury Consolidated Sanitary Sewer District to Serve Walker Ridge Apartments Proposed by Schermerhorn Properties. JON LAPPER-For the record, Jon Lapper with Tom Center Project Engineer. We have a simple one this time. Rich built the pump station and the system next door. This property became available through an estate and Chris Harrington has confirmed that the capacity exists from the pump station and sewer line. So, it is just the nice way to add a little bit more capacity to the District and build a few nice buildings. REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 45 SUPERVISOR STROUGH-All right, any questions from the Town Board of the applicant's agents? COUNCILMAN FERONE-No. SUPERVISOR STROUGH-Hearing none, I will open up the public hearing. Is there any member of the public that wishes to share thoughts in regards to this sewer district extension number 5, as I just described? Seeing none, I'll close the public hearing. OPENED PUBLIC HEARING No public comment. CLOSED PUBLIC HEARING RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 5 TO SERVE WALKER RIDGE APARTMENTS PROPOSED BY SCHERMERHORN PROPERTIES, LLC RESOLUTION NO.: 220,2023 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 95 (Extension 95) to serve the Walker Ridge Apartments PrQj ect to consist of two 20-unit apartment buildings and associated work including the sewer construction prQject/Extension 95 (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 95 to connect the proposed Property to the existing Greater Queensbury Consolidated Sanitary Sewer District, 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 95, 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 REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 46 WHEREAS, on May 16th, 2023, the Town Planning Board, as Lead Agency, conducted a State Environmental Quality Review Act(SEQRA)Review of the Proj ect referred to as Planning 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 95, and WHEREAS, on June 5th, 2023 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order)reciting (a) the boundaries of the proposed Extension 95; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be paid for by the Developer and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the estimated annual cost of the Extension 95 to the properties in the Extension 95; (f) the proposed method of financing to be employed; (g) the fact that a Map,Plan and Report describing the improvements is on file in the Town Clerk's Office;and(h) the time and place of a public hearing on the proposed Extension 95; and WHEREAS, copies of the Public Hearing Order(PHO)were published and posted, and filed with the State Comptroller's Office as required by law and posted on the Town website, and WHEREAS,prior to publication of the PHO,a detailed explanation of how the estimated cost of hook- up fees (if any) and cost of the Extension 95 to the properties were computed was filed with the Town Clerk for public inspection as part of the Map,Plan and Report, and WHEREAS, the estimated annual cost of Extension 95 to the parcels has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS,the Town Board duly held a public hearing on proposed Extension 95 on Monday,June 19th,2023 and considered the evidence and information, and WHEREAS, the Town Board wishes to establish proposed Extension 95 in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension 95 are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension; 4. It is in the public interest to establish, authorize, and approve the Greater Queensbury Consolidated Sanitary Sewer District Extension 95 to the Greater Queensbury Consolidated Sanitary Sewer District as described in the Map,Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Extension 95 to be as described in the Map,Plan and Report and Public Hearing Order; and REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 47 BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater Queensbury Consolidated Sanitary Sewer District Extension 95 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report and Public Hearing Order and construction of the improvements may proceed and service provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any necessary permits or approvals from the New York State Department of Transportation and any other required permits; 4. The Town being satisfied that construction of all improvements has occurred in accordance with the Map,Plan and Report and subsequent dedication of all improvements to the satisfaction of the Town; 5. Permissive Referendum in the manner provided in New York State Town Law Article 7; and 6. The adoption of a Final Order by the Town Board; and BE IT FURTHER, RESOLVED,that this Resolution is subject to Permissive Referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file,post and publish such Notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a form to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 19th day of June,2023,by the following vote: AYES Mr.Ferone,Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT-3 MINUTES) No public comment. 4.0 RESOLUTIONS Supervisor Strough noted that Resolution 4.4, `Resolution Authorizing Engagement of Clearvu Inspections to Perform Pre-Demolition Asbestos Survey of Dwelling Located at 27 Indiana Avenue' has been pulled for further information. RESOLUTION AUTHORIZING POSITIVE PAY SERVICE AGREEMENT WITH GLENS FALLS NATIONAL BANK AND TRUST COMPANY RESOLUTION NO.: 221,2023 REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 48 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, at the recommendation of the Town Budget Officer, the Queensbury Town Board wishes to enter into a Positive Pay Service Agreement with Glens Falls National Bank and Trust Company(Bank),whereby the Bank will import an Electronic Issue File detailing the checks issued on the Town's accounts and perform a comparison of checks presented for payments against the checks in the Issue File, and WHEREAS, such proposed Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Positive Pay Service Agreement with Glens Falls National Bank and Trust Company as delineated in this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign such Agreement substantially in the form presented at this meeting along with any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 19'h day of June, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING PUBLIC EMPLOYER RISK MANAGEMENT ASSOCIATION (PERMA) TO CONTINUE PROVISION OF WORKERS' COMPENSATION THIRD PARTY CLAIMS MANAGEMENT RESOLUTION NO.: 222,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 49 WHEREAS, by Resolution No.: 139, 2020, the Queensbury Town Board authorized engagement of the Public Employer Risk Management Association, Inc., (PERMA) to serve as the Town's Third Party Administrator(TPA)and provide third party claims management services for the Town's workers' compensation claims predating January 1", 2000 through PERMA's partner Sedgwick and by Resolution No.: 234, 2021, the Town Board authorized renewal of PERMA's services, and WHEREAS,the Town Board therefore wishes to authorize renewal of PERMA's services for an additional two (2)year term effective on 7/l/2023 as set forth in PERMA's June 8, 2023 Proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of the Public Employer Risk Management Association, Inc., (PERMA) to continue serving as the Town's Third Party Administrator(TPA) and providing third party claims management services for the Town's workers' compensation claims predating January 1st, 2000 through PERMA's partner Sedgwick for an additional two (2)year term effective on 7/l/2023 through 6/30/2025 as set forth in PERMA's June 8, 2023 Proposal presented at this meeting and as follows: Total Contribution: 7/1/2023 - 6/30/2024 $284,379 New York State Assessment: $ 15,864 Total Estimated Contribution & Assessment: $300,243 2% Credit on Total Contribution if paid in full: $ 5,688 Total Estimated Coverage Cost if paid in full: $294,555 Total Contribution: 7/1/2024 —6/30/2025 Cost excluding New York State Assessment • $270,736 (If Loss Ratio in year one is under 10%) • $277,659 (If Loss Ratio in year one is between 10%-25%) • $284,379 (If Loss Ratio in year one is between 25%-50%) • $298,811 (If Loss Ratio in year one is =>50%) and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute any documentation necessary and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2023, by the following vote: REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 50 AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING PARTICIPATION IN NATIONAL GRID OUTDOOR LIGHTING LED CONVERSION PROGRAM AND ESTABLISHMENT OF NATIONAL GRID OUTDOOR LIGHTING LED CONVERSION CAPITAL PROJECT NO.: 246 RESOLUTION NO.: 223,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury wishes to participate in National Grid's Outdoor Lighting LED Conversion Program whereby National Grid will convert the Town's existing outdoor lighting luminaires to energy efficient LED luminaires ("Project")which LED installation and maintenance of such LED lighting by National Grid will result in the Town achieving energy cost savings in the approximate amount of$27,230 annually while also reducing electric use, and WHEREAS, in its 04/25/2023 letter proposal to the Town,National Grid sets forth that the Town's upfront cost for this Project is estimated to be $28,391, with an incentive paid by National Grid to the Town in an estimated amount of$55,775, thereby resulting in a net incentive to the Town in the amount of$27,384, and WHEREAS,the Town Board wishes to approve and authorize establishment of the National Grid Outdoor Lighting LED Conversion Capital Project and establish and fund the Revenue and Expense Accounts in the total amount of$28,400, and WHEREAS,the Town Board wishes to also authorize a temporary loan from Capital Reserve Fund No. 64 up to $28,400, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes the National Grid Outdoor Lighting LED Conversion Capital Project in the amount of$28,391 as generally set forth in National Grid's 04/25/2023 letter proposal substantially in the form presented at this meeting, and BE IT FURTHER, REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 51 RESOLVED,that the Town Board further authorizes and directs establishment of National Grid Outdoor Lighting LED Conversion Capital Project Fund No.: 246 in the amount of$28,400 and authorizes and directs the establishment of the following accounts for such appropriations and revenues as necessary: • Revenue Acct No. —246-0000-52189 (Other Home & Community Income) - $28,400; • Expense Acct No. —246-5182-2899 - $28,400; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from the Capital Reserve Fund 464 up to $28,400, and BE IT FURTHER, RESOLVED, that upon completion of this Project, any overage due to the incentive paid by National Grid to the Town will be allocated to the various Town Street Light Districts, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and make any other adjustments,budget amendments,transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a letter of intent to and any needed agreement with National Grid and/or any other necessary documentation and the Town Supervisor and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 19'h day of June, 2023, by the following vote: REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 52 AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN AND SECURITY FOR CVE NORTH AMERICA, INC. ASSOCIATED WITH TAX MAP PARCEL NOS: 303.15-1-25.2 AND 303.11-1-4.1 RESOLUTION NO.: 224,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, CVE North America, Inc. (CVE) proposes developing a five megawatt solar farm facility at property located on Quaker Ridge Boulevard(the "Project"), and WHEREAS, to advance the Project, CVE sought and obtained approvals from the Town Board to change the zoning district designation for Tax Map No.: 303.15-1-25.2 from Commercial Intensive to Commercial Light Industrial and to designate Tax Map No.: 303.11-1-4.1 as an Open Development Area, and WHEREAS,the Town Board referred the application to the Queensbury Planning Board for recommendations on the proposed zoning change and Open Development Area designation and also deferred Lead Agency status to the Planning Board for review of the Project under the New York State Environmental Quality Review Act, and WHEREAS,the Planning Board issued favorable recommendations on the proposed zoning change and Open Development Area designation and adopted a SEQRA Negative Declaration before the Town Board adopted Local Law No.: 7 of 2022 "A Local Law to Amend Chapter 179, `Zoning' of Queensbury Town Code to Amend Zoning Map for Tax Map Parcel No.: 303.15- 1-25.2 and Designate Tax Map Parcel No.: 303.11-1-4.1 as an Open Development Area," and WHEREAS,the Planning Board considered applications for the Project,which application materials included a Decommissioning Plan, and at their meeting of July 19, 2022, the approved Site Plan 66-2021, Freshwater Wetlands Permit 3-2021 and Special Use Permit 4-2021, and WHEREAS, during the Planning Board review of all application materials including the Decommissioning Plan, the Planning Board provided the Town Designated Engineer the same materials for review and comment, and REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 53 WHEREAS, the Town Designated Engineer issued a final letter which determined that the Decommissioning Plan satisfies Town Code requirements and the Decommissioning Plan costs are reasonable, and WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires that Decommissioning Plans be approved by the Town Board, and WHEREAS, the following documents are now presented for the Town Board's consideration: 1) Decommissioning Plan, 2) Decommissioning Agreement, and 3) Decommissioning Bond, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Decommissioning Plan Decommissioning Agreement and Decommissioning Bond for CVE North America, Inc., associated with Tax Map Parcel Nos: 303.15-1-25.2 and 303.11-1-4.1 as delineated in the preambles of this Resolution in substantially the same form as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 19'h day of June, 2023, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING SUBMITTAL OF NEW YORK STATE DEPARTMENT OF STATE BROWNFIELD OPPORTUNITY AREA PLAN APPLICATION AND ENGAGING LABELLA ASSOCIATES REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 54 RESOLUTION NO.: 225, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury South Brownfield Opportunity Area (BOA) is an approximately five hundred forty (540) acres area characterized by eighteen (18) potential brownfield or underutilized sites that are located in the South Queensbury neighborhood, and WHEREAS, by Resolution 287, 2005 the Queensbury Town Board authorized a grant application to fund the Queensbury South BOA Pre-Nomination Study, and WHEREAS, the Town of Queensbury received said funds and completed the Queensbury South BOA Pre-Nomination Study, and WHEREAS, by Resolution 27, 2017, the Town Board authorized an application for Grant funding for a BOA Nomination Study, and WHEREAS, by Resolution: 294, 2018, the Town accepted said Grant funds and commenced work on the Nomination Study, and WHEREAS, the Town does not yet have an agreement for lease for use of lands targeted for a proposed Visitor Center-the core element of the Nomination Study, and WHEREAS, the Nomination Study Grant does not have adequate remaining funds to complete the Visitor Center design as described in the New York State Department of State (NYS DOS) approved work plan, and WHEREAS, the Town has advised NYS DOS of these circumstances and its intention to apply for additional funds to complete a BOA Plan, and WHEREAS, on May 15, 2023, the NYS DOS issued a Request for Applications from eligible applicants to compete for funds available through the BOA Program; and WHEREAS, the Town may request between $100,000 (One Hundred Thousand Dollars) and$500,000 (Five Hundred Thousand Dollars)to complete the Queensbury South BOA Plan and seek official designation as a BOA, and WHEREAS, such designation may improve the Town's ability to secure future funds from New York State and provide incentives to stimulate economic development activities in the target area, and WHEREAS, the Queensbury South BOA Plan will advance the following tasks: 1. Schematic Plan Development for public and waterfront access, a Feeder Canal Heritage Trail Visitor Center, wayfinding gateway and interpretive signage, and infill opportunities in the study area, including neighborhood recreation facilities and pedestrian enhancements; REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 55 2. Design Development level plans for the Visitor Center; 3. Public Workshops; 4. Completion of the Final South Queensbury BOA Plan; and WHEREAS, on June 13, 2023 the Town received a proposal from LaBella Associates, (LaBella) recommending the Town apply for $135,000 (One Hundred Thirty-Five Thousand Dollars) and provide a required match of 10% equaling $15,000 (Fifteen Thousand Dollars) for a total project cost of$150,000 (One Hundred Fifty Thousand Dollars) to complete said tasks, and WHEREAS, LaBella's proposal offered services to complete the BOA Grant funding application for a fee of$4,000 (Four Thousand Dollars), and WHEREAS, the Town Board wishes to engage the services of LaBella to write the NYS DOS BOA Program Grant application as delineated in LaBella's proposal dated June 9, 2023, revised June13, 2023, and presented at this meeting, for an amount not to exceed Four Thousand Dollars ($4,000), and WHEREAS, the BOA application process requires that the governing body of the local municipality support the submission of the application, pledge financial commitment and related actions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of LaBella Associates to prepare the NYS DOS BOA Program Grant application as delineated in the LaBella proposal dated June 9, 2023,revised Junel3, 2023 substantially in the form presented at this meeting, for an amount not to exceed Four Thousand Dollars ($4,000), and BE IT FURTHER, RESOLVED, that such services shall be paid for from Engineering Account No.: 001- 1440-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor to submit a funding request for completion of the Queensbury South BOA Plan in an amount not to exceed $135,000 (One Hundred Fifty Thousand Dollars), and BE IT FURTHER, RESOLVED, that should the project be awarded funds by the NYSDOS, the Town Board pledges the required match of 10% equaling $15,000 (Fifteen Thousand Dollars) for a total project cost of $150,000 (One Hundred Fifty Thousand Dollars) and commits to completing the Queensbury South BOA Plan in a timely manner if funded, and BE IT FURTHER, REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 56 RESOLVED,that the Town Board will seek official Designation of the Queensbury South BOA by the New York State Secretary of State upon completion of the BOA Plan, if funded, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute all financial and administrative processes related to the completion of the Queensbury South BOA Plan, if funded, and any needed Agreement with LaBella, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer and Senior Planner to execute any further documentation and take any other necessary actions to effectuate the terms of the Grant application. Duly adopted this 191h day of June 2023 by the following vote: AYES : Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE TRUCKS FOR TOWN WATER/WASTEWATER DEPARTMENTS FROM NATIONAL AUTO FLEET GROUP PER SOURCEWELL CONTRACT RESOLUTION NO.: 226, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 136, 2023,the Queensbury Town Board awarded bids for: 1. a 2023 RAM 2500 Tradesman Regular Cab Truck with a Fischer Plow for the Water Department to the only and therefore lowest, responsible bidder, Maguire Cars, LLC for an amount not to exceed $56,410.30, and 2. a 2023 RAM 2500 Tradesman Crew Truck with a Fischer Plow and lift gate for the Wastewater Department to the lowest, responsible bidder, Maguire Cars, LLC for an amount not to exceed $66,080.25, and WHEREAS, the Town Water Superintendent/Wastewater Director has advised that RAM Trucks has shut down orders for its 2023 2500 trucks and therefore, the Trucks authorized to be purchased by Resolution No.: 136, 2023 are not available and therefore has requested approval to REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 57 purchase two (2) Chevy Silverado 2500 HD 4WD Trucks from National Auto Fleet Group (Fleet), a participating member of Sourcewell Contracting, as set forth in Fleet's Quotes and as follows: 1. Quote ID424320 - 2024 Chevy Silverado 250OHD 4WD Reg Cab 142" Work Truck 8.2' Bed - $48,664.96; and 2. Quote ID424321 - 2024 Chevy Silverado 250OHD 4WD Double Cab 149" Work Truck 6.9' Bed - $50,593.06; per Sourcewell Contract 4091521-NA, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County/State Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with the cooperative, municipal purchasing program Fleet for the Trucks, and WHEREAS,the Water Superintendent/Wastewater Director has requested authorization to purchase needed ancillary equipment/accessories to make the Trucks Department ready as follows: 1. For 2024 Chevy Silverado - Quote ID424320 —$7,000 —(includes 8' snow plow); 2. For 2024 Chevy Silverado — Quote ID424321 - $13,500 (includes lift gate and 8' snow plow); and WHEREAS,the Town Board wishes to authorize such purchases, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent/Wastewater Director's purchase of two (2) Chevy Silverado 2500 HD 4WD Trucks from National Auto Fleet Group(Fleet)per Sourcewell Contract 4091521-NA as set forth in Fleet's Quotes substantially in the form presented at this meeting and as follows: 1. Quote ID424320 - 2024 Chevy Silverado 250OHD 4WD Reg Cab 142" Work Truck 8.2' Bed - $48,664.96; and 2. Quote ID424321 - 2024 Chevy Silverado 250OHD 4WD Double Cab 149" Work Truck 6.9' Bed - $50,593.06; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent/Wastewater Director to purchase needed ancillary equipment and accessories to make the Trucks Department ready as follows: REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 58 1. For 2024 Chevy Silverado - Quote ID424320 —$7,000 —(includes 8' snow plow); 2. For 2024 Chevy Silverado — Quote ID424321 - $13,500 (includes lift gate and 8' snow plow); and BE IT FURTHER, RESOLVED, that payment shall be made from: 1. $55,665 from the Water Department's Vehicles Account No.: 040-8340-2020; and 2. $64,094 from the Wastewater Department's Vehicles Account No.: 032-8120- 2020; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 191h day of June, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 06202023 RESOLUTION NO.: 227, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 06202023 with a run date of 06/15/2023 and a payment date of 06/20/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 06202023 with a run date of 06/15/2023 and a payment date of 06/20/2023 totaling $524,279.86, and REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 59 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 19'h day of June, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING MARSHALL & STERLING UPSTATE, INC. TO OBTAIN TOWN OF QUEENSBURY CRIME AND CYBER INSURANCE COVERAGES FROM TRAVELERS INDEMNITY COMPANY EFFECTIVE JULY 1, 2023 -JUNE 30, 2024 RESOLUTION NO.: 228,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to authorize the Town Budget Officer and Marshall& Sterling Upstate,Inc.,to obtain Crime and Cyber Liability insurance coverages from The Travelers Indemnity Company effective July 1", 2023 — June 30'', 2024, in accordance with Travelers' June 14, 2023 Proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer and Marshall & Sterling Upstate, Inc.,to obtain Crime and Cyber Liability insurance coverages from The Travelers Indemnity Company effective July 1", 2023 — June 30'', 2024, in accordance with Travelers' June 14, 2023 Proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documentation to effectuate such insurance coverage and the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 60 Duly adopted this 19'h day of June, 2023, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCALLAW NO. OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR TAX MAP PARCEL NO.: 303.6-1-3 RESOLUTION NO.: 229, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone 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 REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 61 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 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, and WHEREAS, by Resolution 207, 2023 the Town Board initially scheduled the public hearing for June I91h but inadvertently neglected to include some of the provisions required for proper notice and notification, and WHEREAS, the Town therefore wishes to reschedule the public hearing in order to provide proper notifications, 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, July 101h, 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 Community Development Department to provide the Town Clerk's Office with a list of a property owners immediately adjacent to the property under consideration for a change of zoning district so that the Town Clerk's Office may send Notice of Public Hearing to those property owners, and BE IT FURTHER, REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 62 RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2023. Duly adopted this I91h day of June, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None 5.0 CORRESPONDENCE None 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) CANDY PRATT-Spoke regarding the traffic on Sherman Avenue especially in the intersection of Western and Sherman. Concerned with the many people speeding through that section and some even miss the stop signs as well. I have called in the past but did not pursue anything but she thinks this issue needs to be addressed. SUPERVISOR STROUGH-Stu Baker, our Senior Planner asked if he could be included into the discussion. Is there anything that you would like to add to tonight's meeting that I may have failed to mention? SENIOR PLANNER STU BAKER-No not at this time, thank you. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY- (WARD IV) • Thank you for providing us with an update on 27 Indiana. Thanked Counsel and Leah for being on top of this for two years now. I am very disappointed. Every time I talk to the neighbors with some good news that we were going to demolish the house,we have to take REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 63 two steps backwards. John, I appreciate you taking this over with the County. I want to prevent people from access to that lot and also work to tearing it down, or selling it. I am very sorry for the neighbors of 27 Indiana. We are working our best to move forward. Sent out a note to the Board Members today referencing a Resolution that Saratoga County did to the State concerning the change of early voting for the local elections. If the Governor has not signed it within two weeks, to bring this up for a vote so the Town of Queensbury can be on record that they do not support the change. It will take the local elections and tie it in with the Congressional and National Elections. I would ask my peers to take a look at that note. If you have concerns please let us know. COUNCILMAN FERONE (WARD III) • Recommended addressing the proposed voting change to the county level as well. • Spoke regarding the Adopt-a-Road Program. I am a member of the Italian American Civic Club, we adopted Cronin Road and clean it twice a year. It is a great program. I would like to see more organizations get involved to help give back to the community. The Highway Department is great to work with. They provide everything for the cleanup. I urge others to get involved in this as well. COUNCILMAN FREER (WARD II) • Happy Juneteenth. We made a decision to not juggle our schedules because of the floating holidays that we have. They have made my Anniversary a federal holiday. • Saddened to see that Tom Hoy has passed away. • Would like to see a limit on fireworks. I do not support fireworks every Friday night at the Great Escape. COUNCILMAN METIVIER (WARD I) • Announced three nights of fireworks at the Great Escape, July 2-4 starting at 9:30 p.m. and want to be sure the public is aware. SUPERVISOR STROUGH • Announced West Mountain will have fireworks on July 1st • Announced that Mayor Collins, Kyle Gannon and Jim Underwood took a walk to see about a new trail, the Peggy Ann Trail also to be known as the Connector Trail. Talked about interconnecting more of the trails. • Mayor Collins thanked Superintendent Kyle Gannon and the Queensbury Seniors for cleaning up Peggy Ann Road, the watershed property on senior give back day. • Announced that the Hudson Valley Volunteer Fireman's Association Convention was in Town last week and weekend. I gave an introduction on behalf of the Town and welcomed them. They had two parades and other activities. What a great group of people. Chris Kilmartin and our five Fire Companies were involved in this. They are planning on coming back to our area in a couple of years. • Announced the Warren County Hazardous Household Waste Collection Day being held at the Town of Queensbury Highway Garage on August 26, 2023 from 8-12pm. • Announced that the Queensbury Seniors helped me to rebuild the rock wall at Hovey Pond. • Thanked Joe Barlow, Jessie Jackson, Look TV, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun, Town Board and the public. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 230, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone REGULARTTOWN BOARD MEETING, 06/19/2023, MTG# 19 64 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 191h day of June 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 COLLEEN RATHBUN, DEPUTY TOWN CLERK I