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09-25-2023 MTG #29 Regular Town Board Meeting, 09-25-2023, Mtg#29 222 REGULAR TOWN BOARD MEETING MTG#29 SEPTEMBER 25, 2023 RES. #322-340 7:00 PM BOH #55-59 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN TIMOTHY MCNULTY TOWN BOARD MEMBERS ABSENT COUNCILMAN GEORGE FERONE TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS Look TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 322, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 25th day of September, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES: None ABSENT: Mr. Ferone 1.1 PUBLIC HEARING- SEWAGE DISPOSAL VARIANACE APPLICATION OF DONALD DALEY Publication Date: September 16, 2023 Supervisor Strough reviewed the proposed application and the two variances being requested. LUCAS DOBIE-Thank you Mr. Supervisor. Good Evening Board, for the record Lucas Dobie with Hutchins Engineering representing Don Daley. Just to clarify for the record Mr. Supervisor some of the description you read, I think it's the second one. COUNCILMAN METIVIER-He has got two. Regular Town Board Meeting, 09-25-2023, Mtg#29 223 TOWN COUNSEL SCHACHNER-You flipped flopped. COUNCILMAN METIVIER-You have these flipped, John. TOWN COUNSEL SCHACHNER-Arnold Lodge is the second one. SUPERVISOR STROUGH-All right, here we go. I got it. All right, Donald Daley, 76 Rockhurst Road, again, the similarity is they would like to install two 1,500 gallon capacity concrete septic holding tanks as a replacement system for a total capacity of 3,000 in lieu of the required 3,500 gallon capacity and they are asking for the three variances. That the holding tanks will be five foot from the residence in lieu of the required ten foot setback. Second variance, five foot from the front property line in lieu of the required ten foot setback and third variance, five foot from the side property line in lieu of the required ten foot setback. And this again is at 76 Rockhurst Road and there is a public hearing on this tonight. Mr. Dobie would you like to expand on this particular application? MR. DOBIE-Certainly, thank you Mr. Supervisor you read it into the record very well. Again, Lucas Dobie representing Don Daley at 76 Rockhurst and we walked the property this afternoon, Mr. Supervisor, Mr. Freer and myself. We really believe this is the best solution for the lot. It has a great water system at the northwest corner under the parking. It also has a small metal septic tank on the southwest portion with a small leaching area. So, it is certainly not compliant with the modern standards so our client would like to get out in front of it if you will before it probably would fail the Lake George Park Commission Inspection when the time comes or the Town's Transfer Law Inspection when that time comes. Trying to be proactive and propose to install two 1,500 gallon traffic rated concrete holding tanks on the roadside of the property, obviously. Because the property is only just under 90 feet in depth on the south and just over 80 feet on the north. So,there's just not physically enough room to do even an Enhanced Treatment System with some sort of compliant field. We just don't have the space similar to many properties in the area. We believe it is a straightforward request and we're asking for the setback relief as the Supervisor read to the westerly property line and southerly property line and the building. So we are asking for five feet of relief on all three of those in lieu of the ten feet requirements. I would be happy to answer any questions and thank you for having us tonight. SUPERVISOR STROUGH-Now Lucas also even though this is being proposed for the grassy area and knowing Rockhurst as we know it, these are highway rated holding tanks? MR. DOBIE-Yes sir they are. SUPERVISOR STROUGH-Okay, it is for the record and does call them 1,500 gallon heavy duty precast concrete holding tanks. Okay. COUNCILMAN MCNULTY-John, if I may since I was not there this afternoon. SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-You discussed the difference between the 3,500 requirement and the 3,000 and why we would think that would fit the needs for the resident? COUNCILMAN FREER-You can't fit it, it won't fit on the lot. COUNCILMAN MCNULTY-Okay, the size. How many bedrooms in the house? MR. DOBIE-There are three bedrooms, sir. Yes, so the 3,500 is the Town Code we proposed 3,000 just because it fits in there a little bit better than as opposed to the two 2,000 gallon tanks. We have never done a 2,000 and a 1,500 to meet the 3,500 we either go 4,000 or 3,000. We feel in this situation the 3,000 is the appropriate size than the 2500. COUNCILMAN MCNULTY-And it will have all the monitoring in case it fills up? Any thoughts for Short-Term Rental on this or is this for the use of the owners? MR. DOBIE-I can't speak to that sir, I don't know. Regular Town Board Meeting, 09-25-2023, Mtg#29 224 COUNCILMAN MCNULTY-That would be my concern but if it has the bells and whistles it will shut off when it is full so it is not really an issue, correct? SUPERVISOR STROUGH-Right, it gives warning signals prior to that. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-Any other questions from the Board before I open the public hearing? All right, I will open the public hearing on the Don Daley 76 Rockhurst Road request for holding tanks and the three Variances I described. Is there anybody here who would like to share their thoughts on this matter with us? Anybody present? Seeing none, Stuart Alan online has his hand up, allowed to talk. Stuart can you hear us? Stuart we cannot hear you. COUNCILMAN MCNULTY-There are some questions and answers to. Stuart cannot hear the audio. Please confirm the audio is working. He mentions that twice. Is your audio on, John? SUPERVISOR STROUGH-It's usually on automatically. I just unmuted myself. COUNCILMAN MCNULTY-Stuart can you hear us now? STUART ALAN-Yeah, can you hear me? COUNCILMAN MCNULTY-Yes. SUPERVISOR STROUGH-All right, we can hear you too Stuart, all right. COUNCILMAN MCNULTY-Thank you, sir. MR. ALAN-Thank you. SUPERVISOR STROUGH-Stuart is there anything that you wish to discuss in regards to Don Daley's application for Sanitary Sewage Disposal Variances? MR. ALAN-No, I do not have comment for that. I just want to remind you gentlemen that the lack of audio is a continuous problem with these meetings. I just want you to be aware of it that this is the fourth meeting in recent memory that the audio was problematic. That was all, thank you for your time. SUPERVISOR STROUGH-All right, we are working on it. Okay, thank you. All right so, okay I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING DONALD DALEY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 55,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Donald Daley (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank and a variance from §136-11A as the Applicant Regular Town Board Meeting, 09-25-2023, Mtg#29 225 wishes to install two (2) 1,500 gallon capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 3,000 gallons, in lieu of the required 3,500 gallon capacity, and WHEREAS, the Applicant also applied for additional variances from Chapter 136 to allow placement of the holding tanks: 1. 5' from the residence in lieu of the required 10' setback; 2. 5' from the front property line in lieu of the required 10' setback; and 3. 5' from the side property line in lieu of the required 10' setback; on property located at 76 Rockhurst 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 Monday, September 25t', 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 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 Donald Daley for variances from the Sewage Disposal Ordinance to allow installation of two (2) 1,500 gallon capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 3,000 gallons, in lieu of the required 3,500 gallon capacity with placement of the holding tanks: 1. 5' from the residence in lieu of the required 10' setback; 2. 5' from the front property line in lieu of the required 10' setback; and Regular Town Board Meeting, 09-25-2023, Mtg#29 226 3. 5' from the side property line in lieu of the required 10' setback; on property located at 76 Rockhurst Road in the Town of Queensbury and bearing Tax Map No: 227.13-2-44, 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 25t'day of September, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Ferone 1.2 PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF THE ARNOLD LODGE LLC Publication Date: September 16, 2023 SUPERVISOR STROUGH reviewed the proposed application and the two variances being requested. Is there anything you would like to add to that Mr. Dobie? LUCAS DOBIE-Thank you again, Mr. Supervisor. Just for the record, Lucas Dobie with Hutchins Engineering representing the Arnold Family, The Arnold Lodge LLC at 301 Cleverdale Road which is an inland parcel with a nice log cabin and garage on it just north of George's Marina. So it is on the Sandy Bay side of Cleverdale if you will but it is not a Lakefront parcel. So there is again we walked it this afternoon. There is significant site restraints that in my opinion preclude any sort of compliant absorption field just space, high ground water, heavy soils so our clients are in agreement with us. It may have been their idea to install holding tanks right from the get go. So,they did fail their Lake George Park Commission Inspection on May 25t'to where when they pumped the septic tank down it had affluent coming back in which represents a surcharged absorption area or probably full of ground water we would imagine. We propose two 2,000 gallon traffic rated septic holding tanks. In this case we have quite a bit more room. We feel it is appropriate to upsize it from the 3,500 gallons to the 4,000 just for efficiency in the pump outs if you will. It is the big tandem axel septic trucks that will haul it and the range of 3,800 to just over 4,000 gallons so we can get a nice full pump out if you will on one trip so that is what our clients proposed to do. So, we are here to answer any questions. Again to Mr. McNulty's point on the other one this has a two stage alarm on it where the second one the 95% calls for water shut down it is an electrical setup with the breaker for the water pump. COUNCILMAN MCNULTY-Thank you. Regular Town Board Meeting, 09-25-2023, Mtg#29 227 MR. DOBIE-Very safe system and we feel is the most appropriate for the parcel. Thank you very much. SUPERVISOR STROUGH-We did do a site visit today. Any other questions from the Town Board? All right, I will open up the public hearing. Anybody present wish to speak to Arnold Lodge, 301 Cleverdale Road holding tank? Nobody present. Anybody online? Stuart you still have your hand up. Is it... COUNCILMAN MCNULTY-It is down now. I don't see it, it is back up again. SUPERVISOR STROUGH-Yes, Stuart do you wish to speak to this application? You got your hand up. STUART ALAN-No, I don't have anything comment but thank you. SUPERVISOR STROUGH-All right, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING THE ARNOLD LODGE LLC'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 56,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, The Arnold Lodge LLC (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank and a variance from§136-1 lA as the Applicant wishes to install two (2) 2,000 gallon capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 4,000 gallons, in lieu of the required 3,500 gallon capacity on property located at 301 Cleverdale 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 Monday, September 25 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 Regular Town Board Meeting, 09-25-2023, Mtg#29 228 would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of The Arnold Lodge LLC for variances from the Sewage Disposal Ordinance to allow installation of two (2)2,000 gallon capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 4,000 gallons, in lieu of the required 3,500 gallon capacity on property located at 301 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 226.12-1-5, 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 25t'day of September, 2023, by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ART NORTON RESOLUTION NO.: BOH 57,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 09-25-2023, Mtg#29 229 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, Art Norton has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system with certain of its components as follows: 1. Disposal system toe of slope/toe of fill to be located 5'5" from the property line in lieu of the required 10' setback; and 2. Design of Eljen disposal system to use Eljen replacement system soil application rate /soil permeability in lieu of the NYSDOH application rates; on property located at 10 Highview Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing on Monday, October 16t', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Art Norton's sewage disposal variance application concerning property located at10 Highview Road, Queensbury(Tax Map No.: 239.15-1-17)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' of the applicant's property as required by law. Duly adopted this 25t'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JEANNE AUSTIN AND KARA HARADEN RESOLUTION NO.: BOH 58,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty Regular Town Board Meeting, 09-25-2023, Mtg#29 230 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,Jeanne Austin and Kara Harden(Applicants)have applied to the Local Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank and a variance from §136-11A as the Applicants wish to install two (2) 2,000 gallon capacity concrete septic holding tanks as a replacement septic system, for a total capacity of 4,000 gallons, in lieu of the required 3,500 gallon capacity on property located at 103 Assembly Point 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, October 16th, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jeanne Austin and Kara Harden's sewage disposal variance application concerning property located at 103 Assembly Point Road in the Town of Queensbury and bearing Tax Map No.: 239.12-2-33 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 25th day of September, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 59, 2023 INTRODUCED BY: Mr. Anthony Metivier 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 25th day of September, 2023, by the following vote: Regular Town Board Meeting, 09-25-2023, Mtg#29 231 AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING- Proposed 2024 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll Publication Date: September 14, 2023 Supervisor Strough reviewed the proposed 2024 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll. PAUL DERBY-Good evening, Paul Derby representing Glen Lake Advisory Committee. So, we just set the tax rate as we do annually to reestablish the balance in that account which we try to keep it around $200,000 in case we have some large scale need for Aquatic Invasive Control. So, if anybody has any questions. SUPERVISOR STROUGH-Any questions for Paul? Any member of the public present or online have any questions or thoughts they would like to share with us about this proposed Benefit Tax for Glen Lake? Seeing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2024 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 323,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed 2024 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 25 h, 2023 and heard all interested persons, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-25-2023, Mtg#29 232 RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the 2024 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll at the following rate: Glen Lake Aquatic Plant Growth Control Total Amount: $46,739.00 Units: 333.85 Tax Rate/Unit: $ 140. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Ferone 2.2 PUBLIC HEARING- Proposed 2024 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll Publication Date: September 14, 2023 SUPERVISOR STROUGH reviewed the proposed 2024 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll. There is a public hearing on this tonight. Does anybody wish to speak to the Lake Sunnyside? Please come forward. ERIC SAGE-Good evening, my name is Eric Sage, 140 Sunnyside North, the President of the Lake Sunnyside Association. If anybody has any questions feel free to ask. SUPERVISOR STROUGH-Thank you, Eric for coming forward. Any questions for Eric? I think Lake Sunnyside and Eric, you're doing a good job over there and Paul is doing a great job for Glen Lake. MR. SAGE-I would say one thing. This year we have had no milfoil whatsoever on the Lake. There was three surveys done by Warren County Soil and Water Conservation District. We really appreciate the fact they did that for us. I mean it is a lot more difficult for us to go out and do those surveys so a huge thanks to them for that. SUPERVISOR STROUGH-All right, well thank you Eric. Joan did you want to talk? Well you have to come forward, it has to be recorded. All right, is it a question for Eric or just a question for us? JOAN BOVEE-Yes, or whoever that can answer it. SUPERVISOR STROUGH-All right, well Eric do you mind? You can stay if you wish. Would you turn the microphone? MS. BOVEE-What are the percentages that are raising it? Regular Town Board Meeting, 09-25-2023, Mtg#29 233 SUPERVISOR STROUGH-Joan, turn the microphone toward you. MS. BOVEE-Oh, I am sorry. SUPERVISOR STROUGH-Thank you. MS. BOVEE-I just wanted to know what the percentage, the 20 something dollars what is the percentage of the rates? MR. SAGE-It is about 21 percent. MS. BOVEE-I am against it. SUPERVISOR STROUGH-Okay. MS. BOVEE-That is all I wanted to say. SUPERVISOR STROUGH-All right. MS. BOVEE-I mean they keep raising it all the time. SUPERVISOR STROUGH-And, please introduce yourself for the sake of the record. MS. BOVEE-Sorry, Joan Bovee, 1 Lakeview Drive, Queensbury. I am on the Lake. I am not in the PALS Association which is completely different than the tax district. COUNCILMAN METIVIER-Correct. MS. BOVEE-Because they formed the tax district after the Lake, the PALS Association was in effect. So, it is doing the same thing as far as I am concerned. PALS, I don't know why they still collect money. It is only $20 a year but I am paying. Well, in 2017 I paid almost $300 tax for the Lake. So, now I think it is going to be $60 more. SUPERVISOR STROUGH-It is going to be... MS. BOVEE-It is per unit. So, I think I have three units. SUPERVISOR STROUGH-Per unit is about $19 more. MS. BOVEE-Right, so it's going to be $60 a year more. Okay. SUPERVISOR STROUGH-All right. MS. BOVEE-It is not okay. SUPERVISOR STROUGH-All right, now... MS. BOVEE-I am against it, but. SUPERVISOR STROUGH-All right, that exception to this is noted. MS. BOVEE-Okay, thank you. SUPERVISOR STROUGH-Okay, thank you. Anybody else from the public wish to speak to the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax? Seeing none here, seeing none online and one in oppostion. Basically the Advisory Committee is recommending it. MR. SAGE-Very much so. One thing I would say is that we actually try to maintain roughly $70,000 in the account to handle whatever the worst case scenario expenses are based on fortunately preceived from contractors in the past and so this years. We also tried to not increase it too drastically all at one time. We try and make it more gradual over time. So, it is more predictable for property owners because of the fact that we treated the Lake in 2022 that took out Regular Town Board Meeting, 09-25-2023, Mtg#29 234 a lot of money that we had. So this increase will bring it right back to about$72,000. The other thing as far as the price range we've had it over the past decade it has been up as high as $144 for the first few years and then it dropped down to about$78. We're actually, in a typical range at about a$110. SUPERVISOR STROUGH-Okay, any questions for Eric? COUNCILMAN FREER-Just that inflation is a real thing that kind of works at different levels and getting help and paying contractors the prices are not going down so. MR. SAGE-Yes. SUPERVISOR STROUGH-Okay, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2024 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 324,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed 2024 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 25 h, 2023 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2024 at the following rate: Lake Sunnyside Aquatic Plant Growth Control Total Amount: $19,199.40 Units: 174.54 Tax Rate/Unit: $ 110.00 and BE IT FURTHER, Regular Town Board Meeting, 09-25-2023, Mtg#29 235 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Ferone 2.3 PUBLIC HEARING- Proposed 2024 North Queensbury Wastewater Disposal District -Dunham's Bay-Benefit Tax Roll Publication Date: September 14, 2023 SUPERVISOR STROUGH reviewed the proposed 2024 North Queensbury Wastewater Disposal District- Dunham's Bay- Benefit Tax Roll. Is there anyone here that would like to speak to this particular proposal? No public comment. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2024 NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT - DUNHAM'S BAY - BENEFIT TAX ROLL RESOLUTION NO.: 325,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the 2024 North Queensbury Wastewater Disposal District-Dunham's Bay - Benefit Tax Roll assessing the expense of district improvements of general sanitary sewers located in the North Queensbury Wastewater Disposal District—Dunham's Bay and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 25t', 2023 and heard all interested persons, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-25-2023, Mtg#29 236 RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the 2024 North Queensbury Wastewater Disposal District - Dunham's Bay - Benefit Tax Roll for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: North Queensbury (Dunham's Bay) Wastewater Disposal Total Amount: $ 650 Units: 70 (60 with Buildings; 10 Vacant) Tax Rate/Building Unit: $ 10. Tax Rate/Vacant Unit: $ 5. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone 2.4 PUBLIC HEARING- Proposed 2024 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll Publication Date: September 14, 2023 SUPERVISOR STROUGH reviewed the proposed 2024 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll. Is there anybody here tonight that wishes to speak to this proposed setting of the Benefit Tax for the Queensbury Consolidated Sanitary Sewer District? No public comment. PUBLIC HEARING CLOSED RESOLUTION ADOPTING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2024 RESOLUTION NO.: 326,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 09-25-2023, Mtg#29 237 WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the 2024 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll assessing the expense of district improvements of general sanitary sewers located in the Greater Queensbury Consolidated Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 25t', 2023 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the 2024 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for payment of public improvement expenses within the District in accordance with New York State Town Law§202 and §202-a at the following rate: Greater Queensbury Consolidated (032) Total Amount: $473,474.00 Units: 21,608.49 Amount/Unit: $ 21.9115 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone 2.5 PUBIC HEARING- Proposed 2024 Reservoir Park Sanitary Sewer District Benefit Tax Roll Publication Date: September 14, 2023 SUPERVISOR STROUGH reviewed the proposed 2024 Reservoir Park Sanitary Sewer District Benefit Tax Roll. Is there anybody present that wishes to speak to this? I see nobody online. No public comment. Regular Town Board Meeting, 09-25-2023, Mtg#29 238 PUBLIC HEARING CLOSED RESOLUTION ADOPTING RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2024 RESOLUTION NO.: 327,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the 2024 Reservoir Park Sanitary Sewer District Benefit Tax Roll assessing the expense of district improvements of general sanitary sewers located in the Reservoir Park Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 25t', 2023 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the 2024 Reservoir Park Sanitary Sewer District Benefit Tax Roll for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: Reservoir Park (031) Total Amount: $13,000.00 Units: 25 Amount/Unit: $ 520.00 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough Regular Town Board Meeting, 09-25-2023, Mtg#29 239 NOES : None ABSENT: Mr. Ferone 2.6 PUBLIC HEARING- Proposed 2024 South Queensbury- Queensbury Avenue Sanitary Sewer District Benefit Tax Roll Publication Date: September 14, 2023 SUPERVISOR STROUGH reviewed the Proposed 2024 South Queensbury-Queensbury Avenue Sanitary Sewer District Benefit Tax Roll. Is there anybody that wishes to speak on the proposed slight decrease in the Benefit Tax for South Queensbury- Queensbury Avenue? Seeing none, seeing none online. No public comment. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2024 SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 328,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the 2024 South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll assessing the expense of district improvements of general sanitary sewers located in the South Queensbury — Queensbury Avenue Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 25 h, 2023 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the 2024 South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: South Queensbury (035) Total Amount: $26,151.00 Units: 1,134.97 Amount/Unit: $ 23.0411 Regular Town Board Meeting, 09-25-2023, Mtg#29 240 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Ferone 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT—3 MINUTES) No public comment. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING INCREASE IN AMOUNT OF HIGHWAY DEPARTMENT'S PURCHASE OF BITUMINOUS CONCRETE/PAVING MATERIALS FROM PECKHAM COMPANIES RESOLUTION NO.: 329,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 185, 2023, Queensbury Town Board approved and authorized the Town Highway Superintendent's purchase of bituminous concrete/paving materials from Peckham Companies (Peckham)up to a total purchase amount of$742,362.88, such amount to be reimbursed to the Town by New York State Department of Transportation (DOT) Consolidated Local Street and Highway Improvement Program(CHIPS) funds, and WHEREAS,by letter dated July 10,2023,DOT advised the Highway Superintendent that the amount of the Town's CHIPS funds will be increased by $57,820.03 and accordingly the Highway Superintendent has requested authorization to increase the total purchase amount of bituminous concrete/paving materials to be purchased from Peckham by this amount for a total of$800,183.03, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-25-2023, Mtg#29 241 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of bituminous concrete/paving materials from Peckham by the additional sum of $57,820.03, up to a total purchase amount of$800,183.03, as delineated in the preambles of this Resolution,to be paid for from Chips Capital Construction,Account No.:004-5112- 2899, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $57.820.03, increase Chips Capital Construction Account No.: 004-5112-2899 by $57,820.03, amend the Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment to Peckham, 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 25t'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND MUTUAL RELEASE WITH NIAGARA MOHAWK POWER CORPORATION DB/A NATIONAL GRID RESOLUTION NO.: 330,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, in the summer of 2019, a number of streetlights located along Main Street and Route 9 in the Town of Queensbury were converted to LED, in part for cost savings, and WHEREAS, following this project, the billing to the Town did not take into account this conversion, and Regular Town Board Meeting, 09-25-2023, Mtg#29 242 WHEREAS, a complaint was made to Niagara Mohawk Power Corporation d/b/a National Grid(National Grid)on or about April 18, 2023 to correct this error and National Grid has provided a Settlement Agreement and Mutual Release to the Town to address the complaint, and WHEREAS, the Settlement Agreement and Mutual Release calls for the payment of $25,018.05 to the Town in full satisfaction of the overpayments, and WHEREAS, this sum appears to the Town Board to be appropriate, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves of the Settlement Agreement and Mutual Release with National Grid with the changes proposed by Town Counsel providing for National Grid's refund to the Town in the amount of$25,018.05, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Settlement Agreement and Mutual Release with National Grid in the form substantially presented at this meeting which includes Town Counsel's changes and the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further actions necessary to effectuate all terms of this Resolution. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH APPLICATION OF CCM HOSPITALITY LLC DB/A SPARGEL ON NINE RESOLUTION NO.: 331,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, CCM Hospitality LLC d/b/a Spargel on Nine has applied for an On-Premises Alcoholic Beverage License (License) for its property located at 925 State Route 9 in the Town of Regular Town Board Meeting, 09-25-2023, Mtg#29 243 Queensbury and has requested that the Queensbury Town Board waive the 30-day notification required by the New York State Liquor Authority(NYS) in an effort to expedite the issuance of such License, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before such License is issued, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the On-Premises Alcoholic Beverage (License) is issued to CCM Hospitality LLC d/b/a Spargel on Nine and that the Town Board has no objection to such License, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION ADDING "STONE POINTE WAY" TO TOWN'S LIST OF PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 332,2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,by Resolution No. 434.95,the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS,the Town Board wishes to add"Stone Pointe Way"a private roadway/driveway located off of Ellsworth Lane to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT Regular Town Board Meeting, 09-25-2023, Mtg#29 244 RESOLVED,that the Queensbury Town Board hereby adds"Stone Pointe Way"to the Town of Queensbury's list of private driveways and roads,and authorizes and directs the Town Clerk,Town Highway Department and/or Director of Building and Codes Enforcement to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 25d'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF 2023 OR NEWER ALL ELECTRIC SUV AWD FOR BUILDING AND CODES DEPARTMENT RESOLUTION NO.: 333, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, in accordance with Resolution No.: 270, 2023, the Town of Queensbury's Purchasing Agent advertised for bids for the purchase of a 2023 Subaru Solterra Limited or comparable with less than 5,000 miles all electric SUV AWD for the Building and Codes Department to replace an older Jeep in the Department(Town Asset No.: 9196), and WHEREAS, on September 6d', 2023 the Town Purchasing Agent opened all received bids, and along with the Town's Director of Building and Codes Enforcement, reviewed such bids and recommended that the Town Board authorize the bid award to the lowest, responsible bidder, North Country Subaru, for a 2023 Subaru Solterra for an amount not to exceed $44,183, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a 2023 Subaru Solterra for the Building and Codes Department to the lowest, responsible bidder, North Country Subaru, for an amount not to exceed $44,183 as set forth in North Country Subaru's August 22nd, 2023 Bid Proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that such purchase shall be paid for from Equipment Vehicle Replacement Capital Project Fund No. 195, Account No.: 195-1640-2020, and Regular Town Board Meeting, 09-25-2023, Mtg#29 245 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 Jeep being replaced in the Building and Codes Department (Town Asset No: 9196) 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, Director of Building and Codes Enforcement, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING COUNTY OF WARREN LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT FOR 2023 WITH QUEENSBURY RESOLUTION NO.: 334,2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions,trade shows, special events and other directly related and supported activities, and WHEREAS, a County of Warren Local Tourism Promotion and Convention Development Agreement for 2023 With Queensbury (Agreement) is presented at this meeting, which Agreement sets forth terms for the County's provision of sixty thousand dollars($60,000)to the Town for tourism promotion and tourist and convention development from Occupancy Tax Revenues, and WHEREAS,the Town wishes to enter into the Agreement, Regular Town Board Meeting, 09-25-2023, Mtg#29 246 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the County of Warren Local Tourism Promotion and Convention Development Agreement for 2023 With Queensbury (Agreement) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and/or any other needed documentation, and BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution(s) of the Town Board, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 25t'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY WATER MAIN REPAIRS AT INTERSECTION OF STATE ROUTES 9 AND 254 AND ENGAGEMENT OF DELAWARE ENGINEERING, D.P.C. RESOLUTION NO.: 335, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Water Superintendent advised that a catastrophic water main failure occurred at the Intersection of State Routes 9 and 254 ("Intersection") on or about September 5t', 2023 and therefore he immediately sought and engaged the services of 1) Kubricky Construction(referred to as"TKC")as General Contractor to manage and complete the needed water main construction repairs;2) O'Connor Construction(a subcontractor to TKC)to temporarily repave the Intersection; 3) Straightline, (a subcontractor to TKC)through coordination with Peter Luizzi and Sons, to restripe the Intersection; 4) Donnelly Construction, Inc. for work zone traffic control (a Regular Town Board Meeting, 09-25-2023, Mtg#29 247 subcontractor to TKC); and 5)Delaware Engineering,P.C. (Delaware) for professional engineering services (collectively referred to as the "Emergency Repair Services"), all such Emergency Repair Services sought and provided on an emergency basis for public health and safety reasons, and WHEREAS, the Water Superintendent has advised that an emergency still exists at the Intersection as fire flow exists at only one-third(1/3) of normal fire flow levels and therefore further water service repairs are needed, (to be referred to as the "Future Repair Project"), which Future Repair Project will be publicly bid, and WHEREAS,the Water Superintendent wishes to engage Delaware for additional professional design, bidding and construction phase engineering services related to the Future Repair Project so that it may proceed as expediently as possible, and WHEREAS, the Water Superintendent further advises that the Town will need to obtain Temporary Easements on or near the properties of the Burger King restaurant located at 620 Aviation Road (tax map no.: 302.6-1-30), owned by the Double H Hole in the Woods and the Jolley Mobil Service Station located at 777 Glen Street (tax map no.: 302.6-1-29), owned by Jolley Associates, LLC in order to reestablish the fire flow until the permanent repairs related to the Future Repair Project may be made, and WHEREAS, the Water Superintendent has preliminarily estimated the cost of the Emergency Repair Services completed thus far along with the cost of materials he wishes to start purchasing toward the Future Repair Project will total at least $150,000, and WHEREAS, the Town Board hereby determines that the Emergency Repair Services and Future Repair Project constitute an emergency procurement needed to best serve the Town's residents and to protect public health and safety, as such Emergency Repair Services and Future Repair Project were and are needed immediately in order to restore and provide water service, open up the Intersection, regain fire flow and avoid another catastrophic failure that would again destroy the Intersection as the pipe at the Intersection is from 1969 and has consistently experienced the highest pressures in what already is a high pressure water system, and these critical Emergency Repair Services and Future Repair Project were provided and will further provide for the continued safe and healthy operation of the Town's water system, and WHEREAS, the Town Board wishes to waive the Town Purchasing Policy's self-imposed requirement for two written (2) quotes for the needed Professional Engineering Services in this instance, and WHEREAS, by Resolution No.: 261, 2021, the Town Board accepted a total of $2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant Funds from the New York State Department of Budget, such Recovery Funds to be used in accordance with the terms and conditions to be set forth by the New York State Department of Regular Town Board Meeting, 09-25-2023, Mtg#29 248 Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 and the Town Board wishes to use these Recovery Funds for this qualifying infrastructure investment Emergency Repair Services and Future Repair Project, NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described Emergency Repair Services and Future Repair Project, the Queensbury Town Board hereby waives its requirement under General Municipal Law§103 and the Town of Queensbury's Purchasing Policy and authorizes, confirms and ratifies the Town Water Superintendent's engagement of 1) Kubricky Construction ("TKC") as General Contractor of this Emergency Repair Services and Future Repair Project; 2) O'Connor Construction (a subcontractor to TKC); 3) Straightline (a subcontractor to TKC) through coordination with Peter Luizzi and Sons; 4) Donnelly Construction, Inc. (a subcontractor to TKC); and 5)Delaware Engineering,P.C. as such Emergency Repair Services and the Future Repair Project were and will continue to be needed to maintain public health and safety to best serve the Town's residents and should be made as soon as possible, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Emergency Repair Services and Future Repair Project in the total amount of $150,000 (with the understanding that this is a preliminary estimate) shall be paid from the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241, specifically Account No.: 241-8340-2899-0041, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to make any adjustments, budget amendments, transfers, prepare any documentation and take all actions necessary to provide for payment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes any needed Temporary Easements as delineated in the preambles of this Resolution and authorizes and directs the Town Supervisor and/or Town Water Superintendent to execute any and all related documents in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Proposal/Agreement with Delaware in form acceptable to the Town Supervisor, Town Water Superintendent and/or Town Counsel, and/or any other needed documentation, and the Regular Town Board Meeting, 09-25-2023, Mtg#29 249 Town Supervisor, Water Superintendent and/or Town Budget Officer to take any other and further actions as may be necessary to effectuate all terms of this Resolution. Duly adopted this 25t'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING ACCEPTANCE OF $3,250 FROM ADIRONDACK CYCLING ADVOCATES FOR REIMBURSEMENT OF TRAIL DEVELOPMENT COSTS AT GURNEY LANE RECREATION AREA RESOLUTION NO.: 336,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Adirondack Cycling Advocates (ACA) has offered to reimburse the Town of Queensbury Parks and Recreation Department the amount of$3,250 towards the Town's costs of mountain bike trail development at the Gurney Lane Recreation Area, and WHEREAS,the Town Board is honored by this generous offer,feels that such reimbursement will benefit Town residents, and therefore wishes to approve and authorize such reimbursement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the reimbursement of$3,250 from Adirondack Cycling Advocates (ACA) towards the Town's costs of mountain bike trail development at the Gurney Lane Recreation Area, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to deposit the $3,250 and increase the Recreation Programs Expense Account No.: 166-8020-2899 by $3,250 and the Gifts and Donations Revenue Account No.: 166-0000-52705 by $3,250, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Director of Parks and Recreation to send a certified copy of this Resolution to ACA with a letter from the Town thanking ACA for its generosity. Regular Town Board Meeting, 09-25-2023, Mtg#29 250 Duly adopted this 25t'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING REIMBURSEMENT OF CERTAIN SEPTIC COSTS TO PROPERTY OWNERS WITHIN NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. I -DUNHAM'S BAY RESOLUTION NO.: 337,2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 407, 2014, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the North Queensbury Wastewater Disposal District No. 1 —Dunham's Bay (NQWWDD), and WHEREAS, by prior Resolution,the Town Board has adopted the 2024 NQWWDD Benefit Tax Roll for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and WHEREAS, by Resolution No.: 388, 2015, the Town Board authorized reimbursement of fifty-percent(50%)of the septic pump-out costs up to $150 to one-third(1/3)of the property owners within the NQWWDD, and WHEREAS, the Town Board has had opportunity to review and further consider this reimbursement process and wishes to modify it, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby amends Resolution No.: 388,2015 by authorizing the reimbursement of septic pump-out costs up to fifty-percent (50%) of such cost including any applicable sales tax each year, for an amount not to exceed $150 plus the full cost of the septic inspection fee paid to the Town in accordance with the fee schedule adopted by the Town annually, to be paid for out of the Miscellaneous Contractual Account No.: 053-8130-4400, and BE IT FURTHER Regular Town Board Meeting, 09-25-2023, Mtg#29 251 RESOLVED, that those within the NQWWDD that have Enhanced Treatment Units may seek reimbursement in the same monetary amount as those with conventional septic systems even if they are not mandated to have a"pump-out",provided that,along with all other submissions that must be made to the Town for such reimbursement,that they also provide an inspection report for the year in which the reimbursement is sought, and BE IT FURTHER RESOLVED, that it is the intention of the Town Board that reimbursement be provided to those who are obligated pursuant to Town Code §137-9 to obtain an inspection, and that reimbursements will be made on a first-come-first-serve basis and that only the first 13 property owners to apply will be qualified to receive such reimbursement each year; and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 25t'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 09262023 RESOLUTION NO.: 338,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 09262023 with a run date of 09/20/2023 and a payment date of 09/26/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 09262023 with a run date of 09/20/2023 and a payment date of 09/26/2023 totaling $571,102.62, and Regular Town Board Meeting, 09-25-2023, Mtg#29 252 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 25t'day of September, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone RESOLUTION TO AMEND 2023 TOWN BUDGET RESOLUTION NO.: 339,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2023 Town Budget as follows: To Code Appropriation Code Appropriation $ 035 0000-0909 Fund Balance 035-8120-4400 Misc Contractual 10,500 040-1680-4090 Training 040-8340-2300 Meters 15,000 Duly adopted this 25t'day of September, 2023 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone Regular Town Board Meeting, 09-25-2023, Mtg#29 253 4.0 CORRESPONDENCE DEPUTY TOWN CLERK RATHBUN-We received an email from Dustin Dorr, from the US Army Corp of Engineers regarding 361 Ridge Road. 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) No public comment. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY (WARD IV) • Nothing to report. COUNCILMAN FREER (WARD II) • Attended an LGA Function last week regarding update of the Jefferson Project. Stormwater seems to be the biggest challenge going forward. Overall a good report on the health of Lake George. • Spoke regarding the Balloon Fest that the balloons did not go up on Saturday and how that was a disappointment to many. • Announced that on the Boulevard there is a four way stop now. There was quite a few accidents there because of the detour. Hopefully, it will be done before the snow falls. • Spoke regarding the streetlights on Veterans Road. He met with the contractor for the solar streetlights. I appreciate the patience of the folks that who have been advocating for it, it has been a long process to change to LED. • Announced that they have extended the Comprehensive Plan Use Survey until the day after tomorrow. COUNCILMAN METIVIER (WARD I) • Spoke regarding Jenkinsville, how a survey went out and we will go over those results. Then we will decide the next steps. We have not forgotten about you. SUPERVISOR STROUGH • Attended the Hyde Museum Gala, the Chapman Museum luncheon, Wiawaka luncheon, Balloon Fest Gala. • Announced that we are the third largest Balloon Festival in the Nation, stated by Mark Donahue. We are the largest Balloon Festival in the Nation that is put together by volunteers. It started on Wednesday with an opening gala at the Hiland and a moon glow, put together by volunteers. Recognized, Whiteman Chevrolet who have supported the Balloon Festival for over 50 years, Warren County and Town of Queensbury were also mentioned. Mark Donahue leads a Committee of volunteers, he puts in a lot of time. The volunteers are the following; Chuck Aiken, Dave Bell, Pam Benkowski, Erin Coker, Bob & Sue Dicks, Holly Durivage, Tim Hoffman, Amy LaPoint, Chrissie Legg, Lisa Lehman, Meg Lemery, Carol & Mark Pluta, Karen & Mark Robertson, Tom Myott, Steve Sellingham, Barbara& Kerry Schraeder, Laurie & Wayne Sickler, Michelle Swinton, Laurie & Scott Wetsel. The volunteers put in many hours to put on this event. • Announced the Annual Fall Leaf Pick up Schedule. • Thanked the public, Joel Barlow, Jesse Jackson, Look TV, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 340, 2023 Regular Town Board Meeting, 09-25-2023, Mtg#29 254 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 25th day of September 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES: None ABSENT: Mr. Ferone RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I