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08-07-2023 MTG#25 Regular Town Board Meeting, 08-07-2023, MTG925 129 REGULAR TOWN BOARD MEETING MTG# 25 AUGUST 7, 2023 RES. #267-284 7:00 P.M. BOH #45-48 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS Look TV, Post Star SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER 1.0 Queensbury Board of Health RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 267, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone 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 71h day of August, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 1.1 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION Gregg Kawecki on behalf of Penelope DeRocker, 53 Knox Road Publication Date: July 29, 2023 SUPERVISOR STROUGH reviewed proposed application and two variances being requested. Agent and the owner, please introduce yourselves and expand on anything that I said. CONNOR DEMYER-Hi everyone, Connor DeMyer with Environmental Design. I am here with Gregg Kawecki representing the DeRocker family. We are asking for two variances, one for each ejector sewage grinder pump on the house and then there's a little cabin there. The first variance for the house, two feet off the building this maintains the 10 feet separation off the property line and the 30 foot separation is required for the cabin for a future sink or toilet in the cabin. The septic system will consist of an Eljen field and be over 130 feet from Lake George. Regular Town Board Meeting, 08-07-2023, MTG925 130 SUPERVISOR STROUGH-Okay, thank you. Any questions from the Town Board members for the applicant's agents? COUNCILMAN FERONE-No. SUPERVISOR STROUGH-Okay, seeing none, there is a public hearing on this tonight. I'll open the public hearing. Is there any member of the public that wishes to share any of their thoughts with this proposed variance request? Seeing none, I'll close the public hearing and entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING GREGG KAWECKI ON BEHALF OF PENELOPE DEROCKER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 45,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS Gregg Kawecki, on behalf of Penelope DeRocker, (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system with the ejector pump to be located: 1. 30' from Lake George in lieu of the required 50' setback; and 2. 2' from the dwelling in lieu of the required 10' setback; on property located at 53 Knox Road in the Town of Queensbury, 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 August 7 h, 2023, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, 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 Regular Town Board Meeting, 08-07-2023, MTG925 131 any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Gregg Kawecki, on behalf of Penelope DeRocker, for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with the ejector pump to be located: 1. 30' from Lake George in lieu of the required 50' setback; and 2. 2' from the dwelling in lieu of the required 10' setback; on property located at 53 Knox Road in the Town of Queensbury, and bearing Tax Map No: 239.7- 1-11, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 7 h day of August, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 1.2 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION LSF9 Master Participation Trust, 920 Ridge Road Publication Date: July 29, 2023 SUPERVISOR STROUGH reviewed proposed application and one variance being requested. We did site visits to this today and the agent for the applicant is in front of us. Please introduce yourself and feel free to expand on anything that I said. TOM HUTCHINS-Good evening Board, I am Tom Hutchins, Hutchins Engineer in Queensbury. Yes we looked at this site today. It's a replacement system on property that is essentially surrounded by what has been mapped as a CORP Wetland. The wetland does not show on the Regular Town Board Meeting, 08-07-2023, MTG925 132 Queensbury's Town NWI mapping nor and it's not a DEC Wetland but it meets the criteria as a CORP Wetland. It's been there, it's existing, nothing has changed since the property was built in 2002 with the exception that the wastewater system in failure. So what we're looking to do is replace it essentially in place. We did look at it today, as you know and there's not a whole lot of options. We think we've improved the situation a little bit but getting a little further away from that wetland area and we're looking for your support. If there are any questions, I'd be happy to answer. SUPERVISOR STROUGH-Okay, any questions for the applicant's agent, Town Board? COUNCILMAN MCNULTY-Just a point, it is replacing a failed system so. There's no deed transfer or whatever, it's just the owner wants to do the right thing so thank you. SUPERVISOR STROUGH-Okay, thank you Tim. Alright there is a public hearing on this tonight. I'll open the public hearing. Any member of the public wish to speak to this variance being requested for the location of the absorption field on 920 Ridge Road? Seeing none, I'll close the public hearing and entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING LSF9 MASTER PARTICIPATION TRUST'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 46,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the LSF9 Master Participation Trust (Applicant) filed an application for a variance from Chapter 136 to install a replacement wastewater treatment system with the absorption field to be located 20' from the wetland in lieu of the required 100' setback on property located at 920 Ridge Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on August 7 h, 2023, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variance, the Local Board of Health determines that the variance 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 variance is necessary for the Regular Town Board Meeting, 08-07-2023, MTG925 133 reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of the LSF9 Master Participation Trust for a variance from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with the absorption field to be located 20' from the wetland in lieu of the required 100' setback on property located at 920 Ridge Road in the Town of Queensbury and bearing Tax Map No: 290.-1-84. Duly adopted this 7 h day of August, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Metivier NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF THOMAS HEINZELMAN RESOLUTION NO.: BOH 47,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS,Thomas Heinzelman has applied to the Local Board of Health for variances from Chapter 136 to install a new replacement onsite wastewater treatment system with its components to be located as follows: 1. Grinder Pump to be 3' from the house in lieu of the required 10' setback; 2. Grinder Pump to be 6' from the southerly property line in lieu of the required 10' setback; 3. Force Main to be 28' from the well in lieu of the required 50' setback; 4. Force Main to be 0' from the easterly property line in lieu of the required 10' setback; 5. Force Main to be 6' from the southerly property line in lieu of the required 10' setback; and 6. Septic Tank and Absorption Field to be located on the southerly adjoining parcel; Regular Town Board Meeting, 08-07-2023, MTG925 134 on property located at 52 Reardon Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, August 21", 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Thomas Heinzelman's sewage disposal variance application concerning property located at 52 Reardon Road in the Town of Queensbury(Tax Map No.: 289.7-1-19) 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 7 h day of August, 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 48,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 7 h day of August, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 Nominations and Resolution Appointing Supervisor-At-Large Vacancy SUPERVISOR STROUGH-This is the second time we've done this. Fulfilling a vacancy on the County Supervisor-At-Large position. The Town of Queensbury has five positions on the Board of Regular Town Board Meeting, 08-07-2023, MTG925 135 Supervisors for Warren County representing the County. That's five out of 20 Supervisors. We have another vacancy. The first vacancy was made by the departure of Rachel Seeber. We appointed Mrs. Stec. Mrs. Stec had a change in her life and a change in jobs and so forth so she sent us a letter of resignation effective at the end of July and so now we have a vacancy. So what I did before, I am going to do again. I am going to take nominations. Caroline has a particular order,I don't know what it is and she will ask the Town Board if they have a nomination. We have a group of interested parties. We have interviewed them, all of them, even Nathan Etu for the Planning Board. We have their resumes and so I do not know from the Town Board who,if anybody is going to get three nominations. Should there be a particular person that gets three nominations that will be considered to be the vote. That person will be the person listed on the Resolution as the appointee by this Board. Should there be a situation where we do not have three candidates then we won't be acting on this this evening. Perhaps at the next meeting so it all depends. It takes three nominations,which again, is the same as a vote. So let's begin the nomination process Caroline, do you have the list whose turn is next and ask them if they have a nomination and then go down through the list please. TOWN CLERK CAROLINE BARBER-This would be Councilman McNulty? COUNCILMAN MCNULTY-Yes,John,I nominate Nathan Etu of 7 Amethyst Drive in Queensbury. Nathan attended K through 12 at the Queensbury School System and graduated in 2001. His child is now entering first grade at Queensbury Elementary School. He has earned both his MBA and a Master's Degree in Urban Planning and as the County enters its Master Plan Review,this is going to be a great attribute. He has extensive experience in the industrial and real estate and land use planning fields. He is a small business owner and has been a member of the Queensbury Planning Board since we appointed him in that role 15 months ago. I have found that he wants to serve in this position and serve the County out of a strong sense of duty to his community. So I formally nominate Nathan Etu. SUPERVISOR STROUGH-Okay,thank you Tim. Next, Caroline. TOWN CLERK BARBER-Supervisor Strough. SUPERVISOR STROUGH-I nominate David Strainer. David Strainer brings to the table six years of County experience. Not only am I nominating Dave Strainer, many of the employees and other Supervisors including Republicans, have asked me to nominate Dave Strainer. Because he's known for his fair mindedness. He's known for his knowledge of the ... and getting a handle on what's going on at the County. It's not easy, it takes at least a year. So if the object is to put somebody there who can do the job, Dave Strainer is the only person on a list of potential nominees who can do that. So, David Strainer would be the best representative for the Town of Queensbury and that's why I have nominated him. He even goes to all of the Committee meetings. He has the time and the patience and is very good at what he does. So and he's also running for the Office and he was interested in this same position the last time we went through this nomination. I also nominated Dave Strainer and I am sure of us think that if we did nominate Dave, we wouldn't be here today. Alright so Dave Strainer,thank you. Caroline? TOWN CLERK BARBER-Councilperson Metivier. COUNCILMAN METIVIER-While I wholeheartedly agree with everything that John just said about Dave Strainer because I truly do believe in John very,very much,he will once again make a wonderful Supervisor and I urge you to please get out and vote for him, I do have to support Nathan Etu. He is a Republican and I am finally making some good graces with the Republican Party again so I figure this might be a smart move for myself. So,I might be selfish and I apologize for that. But I did meet with Nathan, I am very impressed with him and I do think he will do a great job for the Board of Supervisors and I wish him well if he gets the nomination. But again, I agree with John about Dave Strainer he is wonderful gentleman and deserves the position just as well. SUPERVISOR STROUGH-Okay thank you. Caroline who is next for nominating? TOWN CLERK BARBER-Councilperson Freer. COUNCILMAN FREER-I agree with John that Dave is the right guy for the job. It's unfortunate that we are in the situation. I don't think it was handled upfront as much as it could have been or at least we weren't given any indication that we would be doing this a couple months later. Besides all of the good things that John said about Dave, I'd like to just add that he's one of the hardest workers Regular Town Board Meeting, 08-07-2023, MTG925 136 I know and to your point that he was very much involved and aware of what was going on at the County as our Queensbury Supervisor in the past and I think he's the right guy, stepping in, in this interim position. SUPERVISOR STROUGH-Okay,thank you and last but not least. TOWN CLERK BARBER-Councilperson Ferone. COUNCILMAN FERONE-Interesting, I never thought I would be in this position to be the one that has the swing vote. I am going to say, based on what Tony said and John said, I know Dave Strainer personally. I know he will make a great Supervisor. I think he has a demeanor that would work well at the County but as a former Town of Queensbury Chairperson and County Chairperson for the Republican Committee, I am going to put my support behind Nathan Etu. I too had the opportunity to meet with him and speak with him a number of times now. He too has a demeanor that I think will work well up at the County and his background definitely will serve the County level so I would endorse Nathan Etu. SUPERVISOR STROUGH-And so there we have it. We have three nominations for Nathan Etu, two for David Strainer. Since Nathan Etu received three nominations, he will be the appointee from this Town Board to be the next Town of Queensbury Supervisor-At-Large on the Warren County Board of Supervisors. RESOLUTION APPOINTING NATHAN ETU AS A TOWN OF QUEENSBURY SUPERVISOR-AT-LARGE ON THE WARREN COUNTY BOARD OF SUPERVISORS RESOLUTION NO.: 268,2023 INTRODUCED BY: Mr. Timothy McNulty SECONDED BY: Mr. John Strough, III WHEREAS,Hilary Stec recently resigned as a Town of Queensbury Supervisor-At-Large on the Warren County Board of Supervisors, and WHEREAS, in accordance with New York State Law, the Queensbury Town Board has the duty of choosing a replacement to fill Ms. Stec's seat on the Board of Supervisors, and WHEREAS,the Town Board has reviewed resumes, interviewed interested candidates and is ready to make an appointment to the Board of Supervisors position, and WHEREAS, Town Councilpersons McNulty, Metivier and Ferone each nominated Nathan Etu, and WHEREAS, Town Supervisor Strough and Councilperson Freer nominated David Strainer, and WHEREAS, Town Councilpersons McNulty, Metivier and Ferone voted for Nathan Etu, NOW, THEREFORE, BE IT Regular Town Board Meeting, 08-07-2023, MTG925 137 RESOLVED, based on the three (3) votes for Nathan Etu, that the Queensbury Town Board hereby appoints Nathan Etu as a Town of Queensbury Supervisor-At-Large on the Warren County Board of Supervisors effective August 7 h, 2023 through December 31", 2023, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward a certified copy of this Resolution to the Warren County Board of Elections and Warren County Board of Supervisors, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of August, 2023, by the following vote: Nathan Etu Mr. McNulty, Mr. Metivier, Mr. Ferone David Strainer Mr. Strough, Mr. Freer Abstained None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) PAM DIXON referred to Resolution 4.15, `Resolution Authorizing Agreements Between Town of Queensbury and Society for the Prevention of Cruelty to Animals of Upstate New York,Inc. for Dog Control and Boarding Services' and questioned whether they had their own van and equipment. Questioned the reason for charging the Town directly versus the owner for the boarding charge. SUPERVISOR STROUGH noted that they do have their own equipment and it is the way the State law is set up,the Town has to provide Dog Control services. RESOLUTIONS RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM VIRA SIMMES RESOLUTION NO.: 269, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY : Mr. George Ferone WHEREAS, the Town of Queensbury Cemetery Commission previously sold three (3) cemetery lots in the Pine View Cemetery to Vira Simmes in Seneca Plot, Lot Nos: 7B and 14B, and WHEREAS, Ms. Simmes has requested that the Town's Cemetery Commission buy back Regular Town Board Meeting, 08-07-2023, MTG925 138 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 three (3) cemetery lots in the Pine View Cemetery to Vira Simmes in Seneca Plot, Lot Nos: 7B and 14B for the total amount of$800, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for payment of such amount to Ms. Simmes 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 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION REJECTING BIDS FOR VEHICLE FOR BUILDING AND CODES DEPARTMENT AND AUTHORIZING ADVERTISEMENT OF BIDS FOR 2023 OR NEWER ALL ELECTRIC SUV AWD RESOLUTION NO.: 270, 2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 238, 2023,the Queensbury Town Board duly advertised for bids for a 2023 or newer Hyundai, KONA Electric AWD or similar vehicle for the Building and Codes Department in accordance with Town specifications, and Regular Town Board Meeting, 08-07-2023, MTG925 139 WHEREAS,the Town's Purchasing Agent and Director of Building and Codes Enforcement have reviewed the received bids and have recommended that the Town Board reject such bids and authorize the advertisement for bids for a 2023 Subaru Solterra Limited or comparable with less than 5,000 miles all electric SUV AWD, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby rejects the bids received by the Town for a 2023 or newer Hyundai, KONA Electric AWD or similar vehicle for the Building and Codes Department and authorizes and directs the Town Purchasing Agent to publish an advertisement for a 2023 Subaru Solterra Limited or comparable with less than 5,000 miles all electric SUV AWD (such vehicle to be described in bid documents/specifications to be prepared by the Director of Building and Codes Enforcement and/or Town Purchasing Agent) in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF MONICA STARK AS ACCOUNTANT RESOLUTION NO.: 271,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Budget Officer has advised that the Town's current Accountant intends to retire from the Town in 2024, leaving a vacancy in the Department, and WHEREAS, the Town Board wishes to authorize the hiring of an Accountant in order to ensure ample training time before the Town's current Accountant retires, and Regular Town Board Meeting, 08-07-2023, MTG925 140 WHEREAS,the Town Budget Officer reviewed the current Warren County Civil Service List for the Accountant position, reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the appointment of Monica Stark to the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Monica Stark to the full-time position of Accountant effective on or about September 11'', 2023 subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, drug and/or alcohol screenings and Ms. Stark's completion of a six(6) month probation period and any applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that Ms. Stark shall be paid an annual salary of$73,200, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of August, 2023 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF REPLACEMENT VEHICLE LIFT FROM PAUL E. SCHLICHT CONSTRUCTION COMPANY FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 272, 2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Water Superintendent has requested Town Board authorization to purchase a replacement vehicle lift for the Water Department, and WHEREAS, the Water Superintendent requested and received three (3) quotes for a replacement vehicle lift and the lowest received quote is from Paul E. Schlicht Construction Company dated July 18'', 2023 in the amount of$32,860, and Regular Town Board Meeting, 08-07-2023, MTG925 141 WHEREAS, the Water Superintendent has also requested authorization for an additional expenditure of$5,000 for the demolition of the Water Department's existing lift (to be done in- house) as well as a five-percent(5%) contingency of the purchase price or an amount not to exceed $1,643, for Change Orders that he deems necessary or appropriate, and WHEREAS,the Town Board wishes to provide such authorization, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent's purchase of a replacement vehicle lift for the Town's Water Department from Paul E. Schlicht Construction Company in accordance with its quote dated July 18'', 2023 substantially in the form presented at this meeting in the amount of$32,860 and additional expenditures of$5,000 for demolition of the Water Department's existing lift (to be done in-house) and a five-percent (5%) contingency of the purchase price or an amount not to exceed $1,643 for Change Orders that he deems necessary or appropriate, to be paid from Operation of Maintenance Center Account No.: 040-8340-4340, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of$39,503 from the Water Department's Undesignated,Unassigned Fund Balance Account No.: 040-0000-0909 to Operation of Maintenance Center Account No.: 040-8340-4340 to fund such purchase, 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 Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING OUTSOURCING OF PAVING WORK OF CLENDON BROOK ROAD TO PECKHAM COMPANIES RESOLUTION NO.: 273, 2023 INTRODUCED BY: Mr. Anthony Metivier Regular Town Board Meeting, 08-07-2023, MTG925 142 WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to outsource paving work on certain roads within the Town(Project), and WHEREAS, the Highway Superintendent has recommended such outsourcing to Peckham Companies (Peckham) for a total Project cost of$173,558.50 per New York State Office of General Services Group 431502, Award 423291 pricing in accordance with Peckham's 5/12/2023 Quote presented at this meeting, and WHEREAS,the Highway Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five-percent (5%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's outsourcing of paving work on certain roads within the Town of Queensbury to Peckham Companies(Peckham)for a total Project cost of$173,558.50 per New York State Office of General Services Group 431502, Award 423291 pricing in accordance with Peckham's 5/12/2023 Quote substantially in the form presented at this meeting to be paid from Chips Capital Construction, Account No.: 004-5112-2899, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Highway Superintendent to approve and sign Change Orders pertaining to the Project up to a five-percent (5%) contingency or in the total amount not exceeding $8,678 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 71h day of August, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None Regular Town Board Meeting, 08-07-2023, MTG925 143 RESOLUTION AUTHORIZING HIRING OF JUSTIN WEBB AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 274,2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Water Superintendent has advised the Town Board that there is currently a vacancy in a full-time Laborer position in the Water Department, and WHEREAS, consistent with the Collective Bargaining Agreement,the Water Superintendent posted availability for the position, and WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Justin Webb as a full-time Laborer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Justin Webb as a full-time Laborer in the Town's Water Department effective on or about August 8 h, 2023 contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and subject to Mr. Webb's successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six(26)week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Webb shall be paid the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of August, 2023 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 08-07-2023, MTG925 144 RESOLUTION AUTHORIZING EXTENSION/RENEWAL OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT REGARDING MS4 STORMWATER MANAGEMENT SERVICES RESOLUTION NO.: 275,2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury is a regulated municipality under the New York State Department of Environmental Conservation Municipal Separate Storm Sewer System Program (MS4), which regulations help to protect and improve the quality of public water bodies in more densely populated areas of the State, specifically focusing on stormwater runoff, and WHEREAS, by Resolution No.: 191, 2011, the Queensbury Town Board authorized an Agreement between the Town and the Warren County Soil & Water Conservation District(District) whereby the District assumed the role of Queensbury's Stormwater Management Officer, becoming the primary contract for the Town on matters related to the MS4 Program, and by Resolution No.: 302,2022 authorized an Agreement extension/renewal through June 30, 2023, and WHEREAS, by letter proposal dated July 24, 2023, the District has proposed to extend such Agreement through June 30, 2024, and WHEREAS, the Town Board wishes to accept such letter proposal and enter into an Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the July 24, 2023 MS4 Stormwater Management Services letter proposal from the Warren County Soil & Water Conservation District and authorizes and ratifies the coinciding Agreement for the renewal/extension of MS4 Stormwater Management Services through June 30, 2024 in substantially the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement and any other documentation needed to effectuate the letter proposal, and BE IT FURTHER, RESOLVED,that payment for such services for an amount of$15,000 for such one year term shall be paid for from Drainage Misc. Contractual Account No.: 001-8540-4400, and BE IT FURTHER, Regular Town Board Meeting, 08-07-2023, MTG925 145 RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $15,000 from unappropriated, undesignated Fund Balance to Drainage Misc. Contractual Account No.: 001-8540-4400, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Planning and Zoning 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 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING HIGHWAY DEPARTMENT'S ENGAGEMENT OF K5 CORPORATION FOR ROAD STRIPING RESOLUTION NO.: 276, 2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County Bid, and WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to engage the services of K5 Corporation for road striping of certain roads in the Town by the Town "piggybacking"with Warren County in accordance with Warren County Bid#WC 18-23 as set forth in K5 Corporation's Estimate 4238141 dated 7/10/2023 for an estimated amount of $51,056.20, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's engagement of K5 Corporation for road striping of certain roads in the Town by the Town "piggybacking" with Warren County in accordance with Warren County Bid #WC 18-23 as set forth in K5 Corporation's Estimate 4238141 dated 7/10/2023 substantially in the form presented at this meeting for an estimated amount of $51,056.20, to be paid for from Road Paving Materials Account No.: 004-5110-4620, and Regular Town Board Meeting, 08-07-2023, MTG925 146 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of August, 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 136 "SEWERS AND SEWAGE DISPOSAL" RESOLUTION NO.: 277,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2023 to amend Queensbury Town Code Chapter 136 entitled "Sewers and Sewage Disposal" to better protect the lands and waters proximate to onsite wastewater treatment systems; and WHEREAS, if adopted, the proposed Local Law would amend Chapter 136 to include a definition of"Enhanced Treatment Unit or ETU";require a minimum separation distance of 500 feet between septic leaching facilities and Lake Sunnyside and/or within the Round Pond Critical Environmental Area(CEA),Rush Pond CEA and Glen Lake and surrounding area CEA and disallow application of a certain reduction of absorption area and trench length requirements otherwise available to ETUs under State Regulations, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, Town Law Article 16 and the Town's inherent police powers; and WHEREAS,the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center,742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 21, 2023 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2023, and Regular Town Board Meeting, 08-07-2023, MTG925 147 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2023 in the manner provided by law. Duly adopted this 7 h day of August, 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 137 "SEPTIC SYSTEMS" RESOLUTION NO.: 278,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2023 to amend Queensbury Town Code Chapter 137 entitled "Septic Systems"to clarify certain inspection reporting requirements and to help harmonize the Town's "Septic Inspection Upon Property Transfer Law"with new Regulations promulgated by the Lake George Park Commission; and WHEREAS, if adopted, the Local Law would exempt properties conveyed within five years of a satisfactory septic inspection from otherwise applicable requirements;2)expand such exemption to include satisfactory inspection performed by the Lake George Park Commission; 3) include a new exemption for property conveyances occurring within five years of the installation of a new onsite wastewater treatment system; and 4) clarify the necessary content of inspection reports submitted to the Town in reference to inspections performed on enhanced treatment units; and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16 and the Town's inherent police powers, and WHEREAS,the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center,742 Bay Road,Queensbury at 7:00 p.m. on Monday,August 21",2023 Regular Town Board Meeting, 08-07-2023, MTG925 148 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2023, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2023 in the manner provided by law. Duly adopted this 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY WASTEWATER SYSTEM GENERATOR RENTAL AND REPAIRS FOR MEADOWBROOK ROAD SEWER PUMP STATION RESOLUTION NO.: 279,2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Wastewater Director advised that on or about July 14'', 2023,the emergency generator for the Town's Meadowbrook Road Sewer Pump Station began to smoke and therefore he engaged MRPS Genset Rental for its United generator rental on an emergency basis for public health and safety reasons in accordance with New York State Award 423182, Group 472007, Contract 4PS69121 as set forth in United Rentals Rental and Service Agreement 4222239837 dated 07/19/23 in the estimated total amount of$10,089.65 in substantially the form presented at this meeting, such rental to continue until such time that the emergency generator repairs may be made, and WHEREAS, the Wastewater Director has obtained Quote 4602865 dated 7/28/2023 for the needed emergency generator repairs from Allstate Power Systems, LLC in the amount of$18,800 in substantially the form presented at this meeting, and WHEREAS, the Wastewater Director has requested authorization for additional expenditures in an amount not to exceed $2,500 for miscellaneous items including electrician and crane rental costs, and WHEREAS, the Town Board hereby determines that generator rental and repairs constitute an emergency procurement needed to best serve the Town's residents and to protect public health and Regular Town Board Meeting, 08-07-2023, MTG925 149 safety as such rental was needed to be completed immediately as the Town cannot operate for long without a backup in order to avoid an overflowing pump station and possible environmental catastrophe and these critical rental services and repairs will provide for the continued safe and healthy operation of the Town's sewer system, and WHEREAS, the Town Board therefore wishes to waive the Town Purchasing Policy's self- imposed requirement for two written(2) quotes for the generator repairs in this instance, and WHEREAS, such generator rental and repairs are authorized in accordance with General Municipal Law §103, NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the generator rental services and repairs and the reasons outlined above and in this circumstance, the Queensbury Town Board hereby waives its requirement under the Town's Purchasing Policy for two(2)written quotes for purchases over$2,500, and BE IT FURTHER, RESOLVED, that the Town Board authorizes, confirms and ratifies the Town Wastewater Director's engagement of MRPS Genset Rental for rental of its United generator in accordance with New York State Award 423182, Group 472007, Contract 4PS69121 as set forth in United Rentals Rental and Service Agreement 4222239837 dated 07/19/23 in the estimated total amount of $10,089.65 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes, directs and ratifies the Wastewater Director's engagement of Allstate Power Systems, LLC for the needed emergency generator repairs in the amount of$18,800 in accordance with Quote 4602865 dated 7/28/2023 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs additional expenditures in an amount not to exceed $2,500 for miscellaneous items relating to this generator project including electrician and crane rental costs, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment in a total amount not Regular Town Board Meeting, 08-07-2023, MTG925 150 to exceed$31,390 shall be made from Misc. Contractual Account No.: 032-8120-4400, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer $31,390 from Fund Balance Account No.: 032-0000-0909 to Misc. Contractual Account No.: 032-8120-4400 and take all necessary actions to effectuate payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes the directs the Town Supervisor and/or Wastewater Director to execute any needed documentation and the Town Supervisor, Wastewater Director and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK CIVIC CENTER COALITION, INC. RESOLUTION NO.: 280,2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury has received a request for sponsorship and funding from the Adirondack Civic Center Coalition, Inc., whereby the Town would receive a sign for the 2023-2024 season inside the Cool Arena for all events, which would in part promote the Town of Queensbury, City of Glens Falls and their businesses and amenities at various events, such funds to be from Warren County occupancy tax revenues received by the Town, and WHEREAS, such events help attract a significant number of people to the Town of Queensbury, City of Glens Falls and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and Regular Town Board Meeting, 08-07-2023, MTG925 151 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 Adirondack Civic Center Coalition, Inc., in the amount of$5,000 for sponsorship with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Agreement between the Town and the Adirondack Civic Center Coalition, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding$5,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $5,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $5,000; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF JOHN DEERE COMPACT UTILITY TRACTOR AND ATTACHMENTS FOR BUILDING AND GROUNDS DEPARTMENT RESOLUTION NO.: 281, 2023 INTRODUCED BY: Mr. Anthony Metivier Regular Town Board Meeting, 08-07-2023, MTG925 152 WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Facilities Manager has requested Town Board approval to purchase a John Deere 2025R Compact Utility Tractor with attachments to replace a 2016 compact tractor with attachments that suffered internal hydraulic failure and needs sizeable repairs (Town Asset No.: 9342), and WHEREAS, such Compact Utility Tractor with attachments is available through Falls Farm &Garden Equipment for the amount of$25,027.22 in accordance with New York State Landscaping Grounds Contract/Group No.: 40625 PGB-22792, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Facilities Manager's purchase of a John Deere 2025R Compact Utility Tractor with attachments in the amount of $25,027.22 from Falls Farm & Garden Equipment in accordance with New York State Landscaping Grounds Contract/Group No.: 40625 PGB-22792 to be paid for from Account No.: 001-1620-2001, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $25,027.22 from General Fund Unappropriated Undesignated Fund Balance Account No.: 001-0000-0909 to Account No.: 001-1620-2001, and make any other adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the 2016 compact tractor with attachments that suffered internal hydraulic failure and needs sizeable repairs(Town Asset No.: 9342) and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 08-07-2023, MTG925 153 Duly adopted this 71h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 08082023 RESOLUTION NO.: 282,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 08082023 with a run date of 08/03/2023 and a payment date of 08/08/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 08082023 with a run date of 08/03/2023 and a payment date of 08/08/2023 totaling $616,895.66, 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 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF UPSTATE NEW YORK, INC. FOR DOG CONTROL AND BOARDING SERVICES RESOLUTION NO.: 283,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone Regular Town Board Meeting, 08-07-2023, MTG925 154 WHEREAS,by Resolution No.: 177,2023,the Town of Queensbury authorized a two(2)year renewal of the Dog Control Services Agreement between the Town and the Society for the Prevention of Cruelty to Animals of Upstate New York, Inc., (SPCA) for an annual fee of: • $85,000 for 4/1/23 - 3/31/24, in equal monthly installments of$7,083; and • $87,500 for 4/1/24 - 3/31/25, in equal monthly installments of$7,292; and WHEREAS, by Resolution No.: 180,2023, the Town and SPCA authorized a two (2) year renewal of the Boarding Services Agreement between the Town and the SPCA for an amount of $25.00 per day for each dog boarded by the SPCA, and WHEREAS,the Town and the SPCA have renegotiated terms for new Dog Control Services and Boarding Services Agreements(Agreements)on substantially the same terms as the Agreements authorized by Resolution Nos: 177 and 180 of 2023, except that the Agreements shall be for one(1) year terms effective as of August 15th, 2023 through August 14th, 2024, with the Dog Control Services to be for an annual fee of $100,000 in equal monthly installments of $8,333 and the Boarding Services to be for an amount of$40 per day for each dog boarded by the SPCA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the new Agreements between the Town of Queensbury and the Society for the Prevention of Cruelty to Animals of Upstate New York,Inc., (SPCA) for Dog Control Services and for Boarding Services for one (1) year terms effective as of August 15th, 2023 through August 14th, 2024, with the Dog Control Services to be for an annual fee of$100,000 in equal monthly installments of$8,333 and the Boarding Services to be for an amount of$40 per day for each dog boarded by the SPCA, to be paid for from Animal Control Service Contracts Account No.: 001-3510-4414, and BE IT FURTHER, RESOLVED, that the Agreements between the Town and the SPCA previously authorized by Resolution Nos: 177,2023 and 180, 2023 shall expire and thereafter be rescinded as of 11:59 p.m. on August 14'', 2023, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $10,000 from General Fund Unappropriated Undesignated Fund Balance Account No.: 001-0000-0909 to Animal Control Service Contracts Account No.: 001- 3510-4414, and make any other adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and Regular Town Board Meeting, 08-07-2023, MTG925 155 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreements in substantially the forms presented at this meeting and any other needed documentation and the Town Supervisor, Town Clerk 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 7 h day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 5.0 CORRESPONDENCE—None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) NATHAN ETU-Good evening everyone. I wanted to say thank you very much for your confidence and for appointing me to this position tonight. As I have said to each of you, I will work extremely hard for our community in this role and will do so with integrity and civility and professionalism. My hope is that my service will be worthy to the more than 200 years of County leaders that have come before me and all their work that has combined to make Queensbury and Warren County the absolute best place on earth to live. Thank you again. SUPERVISOR STROUGH-Nathan, as State Law requires me to be a County Supervisor as well as the Town Supervisor, I look forward to working with you and I'm sure you'll need help and I will be there to help you. MR. ETU-Thank you sir. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Referred to Peddler's Licensing, noted that he received a call from a concerned neighbor and appreciate the discussion being added to the August 1 Ph workshop agenda. COUNCILMAN FERONE(WARD II1) Noted that the traffic lights in front of the Queensbury School campus are acting up again. I have contacted Mark at the Highway Department. He contacted Stilsing so they will be looking into that for us. COUNCILMAN FREER(WARD II) • Referred to the Warren Street Boulevard Detour area and recommended avoiding as much as possible and to be careful. • Reviewed the Complete Streets Workshop slides that John attended and recommended that the Town do some additional work on the Complete Streets Policy. • Announced the Steering Group for the Comprehensive Land Use Plan will be having a meeting this week. Regular Town Board Meeting, 08-07-2023, MTG925 156 • Attended a meeting with folks from Dixon Heights to discuss septic and sewer. Chris Harrington was able to attend as well and I think it was a productive, constructive meeting and I have some follow-ups to work through to see what options might be available. • Referred to the Comprehensive Land Use Plan and noted that storage of shipping containers and trailers and that kind on residential property long term will be something that we will be discussing. I fear we're heading in the wrong direction with too much of that. • Announced that the Veterans Road street lights should be in within the next six weeks. COUNCILMAN METIVIER(WARD 1) • Referred to the surveys for the Jenkinsville Water District questionnaire that went out a couple of weeks ago and recommended that those that live on upper Ridge by Haviland up to Jenkinsville, Stonehurst Development, Rainbow Trail, Azure, Mud Pond, Old Cronin Road to please get the surveys back to the Town. • Noted that there has been a lot of rain lately and we've had some tremendous water issues in the northern part of Queensbury and would ask for people's patience. • Spoke regarding a recent incident at a restaurant with a colleague where he found himself seriously choking and unable to breath but no one was able to help. Felt compelled to share in order to stress the importance of knowing the Heimlich maneuver. SUPERVISOR STROUGH • Announced Beautification Committee Awards for commercial and residential: Judith and James Fish, 6 h Second St.; Thomas Shelly, 4 Fox Hollow Ln.; Frank and Carol Leo, 111 Dixon Rd.;Dave and Sarah King, 12 Jacqueline Dr.; Full Moon Bar&Grill, Glen Lake Rd. • NYS Department of Transportation approved Queensbury's application for the replacement of the Thunderbird Drive Culvert. The Town was awarded $292,570.00. • Warren County Hazard Mitigation Plan is now in draft form and available for review and input. It can be found on the Warren County website under HMP.com. There is an online survey. The close of public review is September 2"d • Reminder of the Warren County Household Hazardous Waste Collection will be held on Saturday, August 26 h from 8-12pm, at the Town Highway Department. Refer you to the Warren County website for specifics and registration. • Harrison, Tony and myself attended an onsite tour of the Environmental Signage Trail on Assembly Point. I want to thank the Touba Family for funding this grant and others, and especially Lisa Adamson for getting this beautiful Environmental Signage Trail. • Attended the Lake George Land Conservancy's 24 h Annual Land and Water Conservation Celebration Dinner at the Inn at Erlowest. • Thanked Joe Barlow, Jessie Jackson and Look TV, Town Counsel Bob Hafner, Town Clerk Caroline Barber. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 284, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 7fh day of August 2023, by the following vote: Regular Town Board Meeting, 08-07-2023, MTG925 157 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