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11-18-2024 MTG #34 Regular Town Board Meeting, 11-18-2024, MTG 934 518 REGULAR TOWN BOARD MEETING MTG #34 NOVEMBER 181h, 2024 RES #412-433 7:00 P.M. BOH #94-96 LL #6 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN SCOTT GUSHLAW COUNCILMAN MICHAEL DIXON COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER RESOLUTION APPOINTING SCOTT GUSHLAW TO FILL VACANCY IN OFFICE OF WARD II TOWN COUNCILPERSON RESOLUTION NO.: 412, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, effective August 1", 2024 there was a vacancy in the Office of Town Councilperson as former Ward H Councilperson Harrison Freer unexpectedly passed away, and WHEREAS, under New York State Town Law §64(5), the majority of the Town Board is authorized to appoint a qualified person to fill the vacancy in the office of Councilperson, and WHEREAS, Scott Gushlaw has been elected as Ward H Town Councilperson effective as of January 1, 2025 by residents of Ward 11, and WHEREAS, the Town Board finds Scott Gushlaw to be qualified to hold the office of Town Councilperson, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Scott Gushlaw as Ward 11 Town Councilperson until commencement of the next calendar year, and BE IF FURTHER, Regular Town Board Meeting, 11-18-2024, MTG 934 519 RESOLVED, that the Town Board authorizes and directs the Town Supervisor and Town Clerk to take all actions necessary to effectuate this Resolution. Duly adopted this 18d'day of November, 2024,by the following vote: AYES Mr. Metivier, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None SUPERVISOR STROUGH SWORE IN SCOTT GUSHLAW AS WARD II COUNCILPERSON 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 413, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michael Dixon 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 18d' day of November, 2024 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None 1.1 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF GINNIE FARRELL Publication Date: November 9, 2024 SUPERVISOR STROUGH reviewed the proposed sewage variance application and the two variances being requested. We went over on a site visit and met with Ben Mara of Mara Engineering who's designing the system, and we came up with a better location for the septic field which would still be 100 feet away from his neighbor's well and almost 100 feet from the proposed site of the well that they are going to put in for 11 Palmer Drive. And so, we were going to allow him to re-engineer it a little bit and then come back to us on December 2nd and I told him there's a Public Hearing on this. We'll let the public speak, I'll leave the Public Hearing open, we will not act on this and we will wait for December 2nd and I will carry on the Public Hearing if anybody has anything to say at that time and then we'll, we'll vote on its approval. So that will be December 2nd but the, there is a Public Hearing, any member of the public wish to speak to the current proposal, it's going to change a little bit but not drastically, current proposal Regular Town Board Meeting, 11-18-2024, MTG 934 520 for Ginnie Farrell at 11 Palmer Drive? Please indicate your desire to speak by raising your hand. Seeing none, seeing nobody. Any attendees? I don't see any. COUNCILMAN DIXON-No, nobody online. SUPERVISOR STROUGH-Okay. Any Town Board thoughts at this time? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Alright, so I'll leave this open we will not act on it and carry it in our next meeting which is December 2nd. Alright Betty, our next item. NO ACTION TAKEN PUBLIC HEARING LEFT OPEN 1.1 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVID WILKINS Publication Date: November 9, 2024 SUPERVISOR STROUGH reviewed the proposed sewage variance application and the two variances being requested. There is an agent, although we didn't meet the agent on site, I see the agent present today and would the agent for this application and the owner's welcome to come forward too. GARRY ROBINSON-I'm Garry Robinson. I'm a Consulting Engineer and we, we went out, I guess it was a, in response I think John O'Brien did an inspection on the system at some point and he had a failing septic tank. The septic system was okay, but the tank was leaking, and it's quite an old tank. It was starting to fall apart. It was actually, we found out after, there were two small tanks that they had put in together and it's really the only place on the site that this would fit, that this would go. And if you went out there you know that there's a stone wall right next to the property lines, so we don't have much space to go to that side of the house and that's where all the plumbing comes right now so I asked to put in a brand new precast concrete tank. SUPERVISOR STROUGH-Alright, there is a Public Hearing on this tonight, and I will have a Public Hearing in a minute but first of all the Town Board may have some questions while the agent for the applicant is present. Yes. COUNCILMAN MCNULTY-John. You want to, you can go if you'd like. SUPERVISOR STROUGH-Councilperson McNulty, I understand you have a question. COUNCILMAN DIXON-It's okay you ask your question first. COUNCILMAN MCNULTY-Where the existing tank is now to where the leach field is. MR. ROBINSON-Yes. COUNCILMAN MCNULTY-There's no pump, is there a pump? MR. ROBINSON-No. COUNCILMAN MCNULTY-Now we, we walked the site today and there's at least a 12-foot difference in height from where the septic tank is now to the, where we see based on the map the leach fields underneath the driveway in the front. MR. ROBINSON-Right, right. COUNCILMAN MCNULTY-So how does, how does the, how does the. MR. ROBINSON-It is, I think it is pretty deep. I mean we didn't dig it up just because we didn't want to disturb it because that's working okay. But yes, it would be deep. Regular Town Board Meeting, 11-18-2024, MTG 934 521 COUNCILMAN MCNULTY- Okay so you don't see a need for a pump. Just there's no pump now so you think. MR. ROBINSON-No. COUNCILMAN MCNULTY-Okay. And the, the surface of the driveway, it's a driveway. Is it made, is it compact enough to support the septic tank, the leach field underneath it? The leach field is underneath that portion of the driveway, correct? MR. ROBINSON-It is yes. COUNCILMAN MCNULTY-And if you were putting in a new leach field would have you put on a different surface on it to make sure it wasn't, it would be... MR. ROBINSON-We would and if we were putting in something new, we'd probably use a different system too. COUNCILMAN MCNULTY-Yes, so your, your plans, the plan you're submitting is based on the current leach field is operating properly. MR. ROBINSON-Yes. COUNCILMAN MCNULTY-And doesn't need any current changes? MR. ROBINSON-Right and John O'Brien tested that when he was there, so you know he said there was nothing coming back into the septic tank everything was going out into the leach field so. COUNCILMAN MCNULTY-Okay thank you. MR. ROBINSON-You're welcome. COUNCILMAN MCNULTY-Thanks John. COUNCILMAN DIXON-I'm just going to carry on Mr. McNulty's conversation so where the leach field is I think that would probably be my biggest concern. So, can it support a vehicle? I question because I was parked on it today. I was concerned I was going to go through it. MR. ROBINSON-Well if it broke, we would know where to go to. COUNCILMAN DIXON-And as a Board member we were having a conversation as well that everything on top of that's getting compacted so you're going to lose some of the leaching ability so I don't know if you have plans are you looking at taking off any of the topsoil replace it with sand firm up something there so if somebody does park there they're not going to damage it. Because right now it sounds like we don't know if it's damaged. It's working but we don't know if it's damaged due to vehicles driving over it. MR. ROBINSON-I've been there three times and each time I've been there, there's been cars parked in that driveway and next to the driveway and he's done that for, I don't think he's, he wasn't the original builder of it, I think he renovated it a little when he got there but the, he's been there I think 18 years I think he told me and they haven't had an issue with it so I think that the grounds compacted as far as its going to compact. I don't think its going to go any further. COUNCILMAN DIXON-Alright, again that's probably one of my biggest concerns with it. I don't know how there's a way to easily validate. MR. ROBINSON-Well just the fact that it's been there all those years and there hasn't been any failure of it so and. COUNCILMAN DIXON-To this point. Regular Town Board Meeting, 11-18-2024, MTG 934 522 MR. ROBINSON-Nothing, nothing gets compacted when you looked at the driveway. You didn't see anything compacting, anything like a hole or something that was lower. COUNCILMAN DIXON-No. MR. ROBINSON-I didn't. COUNCILMAN DIXON-It's, it's just one of those we don't know what underground right now. MR. ROBINSON-Right. COUNCILMAN DIXON-So, so it's a little bit of blind faith going here and I guess I'm looking for you to put our mind at ease. MR. ROBINSON-You know it, it's one of those things that's been there for quite a while. He hasn't had an issue with it, I think that the way I'd look at it is if it becomes an issue then we would look at a way to put in a new septic system, a new leach field underneath that driveway. Of course, it's not your favorite thing but on that lot there's no other place to put it and that's why I think it was put there in the first place. COUNCILMAN DIXON-Oh absolutely there all the old camps that are there there's not much space. MR. ROBINSON-Yes, exactly. COUNCILMAN DIXON-We just want to make sure that we don't approve one thing and still create another issue that could be remedied. MR. ROBINSON-Yes, well nothing's going to change there, I mean he's still owning it. He's still planning on being there for years and you know they come up pretty much in the summer. I think every once in a while he may come up in the winter but it's not very often just to check on things so. COUNCILMAN DIXON-They don't use this as an Airbnb or anything of that nature? MR. ROBINSON-No they do not. COUNCILMAN DIXON-Okay, Thank you. SUPERVISOR STROUGH-Any other questions from any other Town Board Members? COUNCILMAN GUSHLAW-No, I think they covered them all. SUPERVISOR STROUGH-Alright so this particular variance application is for the septic tank. The leach field must be working but what bothers this Board, two things, one is unless it was designed to be highway 20 rated, which I haven't heard any indicators at this point, you shouldn't be driving because of soil compaction this is you know 10, 12 feet buried because I'm going to suppose that when the camp was built and the system was put in the parking area for the cars was later filled in to the point where it is which leaves the filtration field you know 10 to 12 feet down below and that's why you don't need a pump, that's why you can still gravity feed from the septic tank to the leach field. You say the leach field is working. I don't think it's going to work that much longer, and you might be back before us after you get the new septic tank in to put in a different arrangement in for the leach field but for now Board are you okay with? COUNCILMAN MCNULTY-Yes, he answered my questions. SUPERVISOR STROUGH-Yes okay. So, there is a Public Hearing on this. Is there any member of the public that wishes to speak to this application for variance, sanitary sewer variance? Raise your hand if you indicate an interest in speaking to the Board about this. Seeing none, then again, no attendees. COUNCILMAN MCNULTY-No. Regular Town Board Meeting, 11-18-2024, MTG 934 523 SUPERVISOR STROUGH-Alright are you comfortable enough to make a motion to approve this for the septic tank. PUBLIC HEARING CLOSED RESOLUTION APPROVING DAVID WILKINS' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 94,2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, David Wilkins (Applicant)filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement septic tank: 1. 13"from the house in lieu of the required 10' setback; and 2. 13"from the property line in lieu of the required 10' setback; on property located at 116 Sunnyside North 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, November 18t', 2024, 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 Regular Town Board Meeting, 11-18-2024, MTG 934 524 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of David Wilkins for variances from the Sewage Disposal Ordinance to install a replacement septic tank: 1. 13"from the house in lieu of the required 10' setback; and 2. 13"from the property line in lieu of the required 10' setback; on property located at 116 Sunnyside North in the Town of Queensbury and bearing Tax Map No: 279.17-2-13. Duly adopted this 18d'day of November, 2024,by the following vote: AYES Mr. Gushlaw, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ERIK ROSSI RESOLUTION NO.: BOH 95,2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw 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, Erik Rossi (Applicant) has 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 system, as the Applicant wishes to install a 3,525 gallon capacity holding tank,which meets the holding tank capacity required, on property located at 12 Ward Lane in the Town of Queensbury, and WHEREAS, the Applicant has applied for an additional variance from Chapter 136 to allow placement of such holding tank 44' from Lake George in lieu of the required 50' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, December 2nd, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Regular Town Board Meeting, 11-18-2024, MTG 934 525 Queensbury, to consider Erik Rossi's sewage disposal variance application concerning property located at 12 Ward Lane in the Town of Queensbury (Tax Map No.: 240.6-1-8) 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 18'h day of November, 2024,by the following vote: AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Gushlaw NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 96, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michael Dixon 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 18'h day of November, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None 2.0 PUBLIC HEARING 2.1 PUBLIC HEARING—PROPOSED LOCAL LAW NO.: 2024 TO AMEND CHAPTER 179 "ZONING"—COMMERCIAL BOAT SALES/SERVICE/STORAGE Publication Date: November 7, 2024 SUPERVISOR STROUGH reviewed the proposed Local Law to Amend Chapter 179 "Zoning" - Commercial Boat Sales, Service and Storage. There is a Public Hearing on this. I'll open the Public Hearing. Is there any member of the public that wishes to speak to this proposed Regular Town Board Meeting, 11-18-2024, MTG 934 526 amending of our zoning code in a manner that I just described? Seeing none I'll close the Public Hearing, and I'll entertain a motion to bring this to the floor for approval. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW NO.: 6 OF 2024 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING REQUIREMENTS RELATED TO COMMERCIAL BOAT SALES, SERVICE AND STORAGE RESOLUTION NO.: 414, 2024 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board (Town Board) wishes to consider adoption of Local Law No.: 6 of 2024 entitled, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Requirements Related to Commercial Boat Sales, Service and Storage," and WHEREAS, by Resolution No.: 293, 2024 and in accordance with the New York State Environmental Quality Review Act (" SEQRA") regulations, the Town Board declared its intent to seek Lead Agency for SEQRA review and referred the application to the Warren County Planning Department for New York State General Municipal Law §239-m review, and WHEREAS, by Resolution No.: 332, 2024 the Town Board declared itself to be Lead Agency and declared a Negative Declaration for the SEQRA environmental review of the proposed legislation and referred the proposed Zoning Code revisions to the Adirondack Park Agency for their review, approval and/or recommendation, and WHEREAS, the Town received a recommendation from the Warren County Planning Department dated 8/14/24 of"No County Impact," and WHEREAS, the Town received a letter from the Adirondack Park Agency dated 10/16/24 approving the proposed Zoning Code changes pursuant to the terms of the Town's Agency- Approved Local Land Use Program (ALLUP), and WHEREAS, before the Town Board may amend the Town Code, it must hold a public hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law, and WHEREAS,the Town Board duly held a public hearing on Monday, November 18, 2024 and heard all interested persons, Regular Town Board Meeting, 11-18-2024, MTG 934 527 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby enacts Local Law No.: 6 of 2024 entitled, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend Requirements Related to Commercial Boat Sales, Service and Storage," and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 6 of 2024 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and the Warren County Planning Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: 6 of 2024 to the New York State Secretary of State for filing in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 18'h day of November 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon NOES None ABSENT: None LOCAL LAW NO.: 6 OF 2024 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND REQUIREMENTS RELATED TO COMMERCIAL BOAT SALES, SERVICE AND STORAGE Regular Town Board Meeting, 11-18-2024, MTG 934 528 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: Section 1.Intent; Authority-The Town Board wishes to amend its Zoning Code regarding commercial boat sales, service and storage. This Local Law is adopted in accordance with New York State Municipal Home Rule Law. Section 2. Amendment of Zoning Law - Chapter 179 of the Queensbury Town Code entitled, "Zoning" and known as the"Town of Queensbury Zoning Law" is hereby amended as follows: A. Section 179-10-070 entitled "Specific Standards" is amended as follows: H. Commercial boat sales and service. (1) Commercial boat sales and service facilities must provide adequate screening of areas used for storage of boats to be sefvieed except for boats displayed for sale to the public. (2) All Commercial boat sales/service/storage in the NC zone shall not be permitted on any parcel of land less than one and one-half acres (1.5 acres) in size. B. Table 3 entitled"Summary of Allowed Uses in Commercial Districts" is hereby amended as noted on the attached to add commercial boat sale/service/storage as permitted by Special Use Permit in the Neighborhood Commercial zoning district. Section 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4.All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. Section 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law§27. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) SUPERVISOR STROUGH noted they will be pulling Resolution 4.13, `Resolution Rejecting Bids and Authorizing Readvertisement for Bids for Roof Repairs/Replacement and Asbestos Remediation Services at 195 Sunnyside Road. Regular Town Board Meeting, 11-18-2024, MTG 934 529 RONALD BALL-Spoke regarding Resolution 4.18, "Resolution Authorizing Purchase of Mower and Handheld Outdoor Equipment for Cemetery Department and Authorizing Application for NYSERDA Grant Funds". 4.0 RESOLUTIONS RESOLUTION ADOPTING NEW TAPPING SCHEDULE FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 415, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, the Town of Queensbury previously established tapping fees to cover the cost of Town ownership and installation of water services and meters installed for residents and businesses receiving Town water service and fees for the recovery of costs associated with replacing frozen meters, and WHEREAS, by Resolution No.: 369, 2022 the Town Board adopted a new tapping fee schedule, and WHEREAS,the Town Water Superintendent has recommended that the Town Board amend the tapping fee schedule, and WHEREAS,the Town Board has considered and concurs with this recommendation, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs adoption of the Water Department's new tapping fee schedule as follows: Tap Size Present Fee With Proposed Fee With Present Meter Proposed Meter Meter Meter Charge Charge 3/4" short $2150 $2300 $475 $575 3/4" long $2750 $3400 $475 $575 3/4"open cut long $4000 $4750 1" short $2700 $2750 $900 $950 1" long $3300 $4000 $900 $950 1"open cut long $4500 $5000 1 '/z"short $2750 $3250 $1,000 $1000 1 '/z" long $3950 $4000 $1,000 $1000 1 '/z"open cut $4950 $5000 long 2" short $4250 $4350 $1200 $1300 Regular Town Board Meeting, 11-18-2024, MTG 934 530 2" long $5000 $5100 $1200 $1300 2"open cut long $6000 $6100 [The above fees do not include any rock excavation, services that extend more than 60' or for rental of dewatering equipment. The cost for any such excavation, additional piping, and/or dewatering equipment will be added to the applicable fee. Fees for Installations in State and County Rights of Ways or other High Traffic Zones are assessed on a case by case basis.] and BE IT FURTHER, RESOLVED,that this new tapping fee schedule shall take effect January 1st, 2025, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water Superintendent and/or Budget Officer to take any actions necessary to effectuate this Resolution. Duly adopted this 18th day of November, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TRUCKS AND SNOWPLOW FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 416, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw 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 purchase two(2)trucks as follows: 1. 2025 Chevrolet Silverado 3500 regular cab from DeNooyer Chevrolet (to replace the Highway Department's 2014 Ford F550 truck - Town Asset 49025) for the amount of $73,110.48 as set forth in DeNooyer Chevrolet's 10/24/24 Quote; and 2. 2025 Chevrolet Silverado 3500 crew cab from DeNooyer Chevrolet (to replace the Highway Department's 1983 Chevrolet P-30 equipment van - Town Asset 48954) for the amount of$76,991 as set forth in DeNooyer Chevrolet's 10/24/24 Quote; Regular Town Board Meeting, 11-18-2024, MTG 934 531 for the total amount of$150,101.48 by piggybacking with Franklin County Bid 423-0908-1, and WHEREAS, the Highway Superintendent has also requested approval to purchase one (1) Western MVP3 8'6" vee blade snowplow for the amount of $9,376 by piggybacking with Trius, Inc., a participating member of the cooperative, municipal purchasing program Sourcewell Contracting as set forth in Trius, Inc.'s 10/29/24 Quote: PM-1124 per Sourcewell Contract 4: 062222-DDY, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves of and authorizes the Town Highway Superintendent's purchase of two(2)trucks as follows: 1. 2025 Chevrolet Silverado 3500 regular cab from DeNooyer Chevrolet for the amount of$73,110.48 as set forth in DeNooyer Chevrolet's 10/24/24 Quote; and 2. 2025 Chevrolet Silverado 3500 crew cab from DeNooyer Chevrolet for the amount of$76,991 as set forth in DeNooyer Chevrolet's 10/24/24 Quote; for the total amount of$150,101.48 by piggybacking with Franklin County Bid 423-0908-1 and to be paid for from Vehicles Account No.: 004-5130-2020, and BE IT FURTHER, RESOLVED, that the Town Board further approves of and authorizes the Highway Superintendent's purchase of one(1)Western MVP3 8'6" vee blade snowplow from Trius, Inc., for the amount of$9,376 as set forth in Trius, Inc.'s 10/29/24 Quote: PM-1124 per Sourcewell Contract 4: 062222-DDY and to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the transfer of$151,000 from the Highway Department's Undesignated, Unassigned Fund Balance Account No.: 004- 0000-0909 to Vehicles Account No.: 004-5130-2020 and the Town Budget Officer shall amend the Town Budget, make any adjustments, budget amendments, transfers and/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 Highway Department's 2014 Regular Town Board Meeting, 11-18-2024, MTG 934 532 Ford F550 truck(Town Asset 49025) and 1983 ChevroletP-30 equipment van(Town Asset 48954) and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent 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 18'h day of November, 2024, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30-DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY RELATED TO CKMCKK INC., DBA THE HARVEST RESTAURANT RESOLUTION NO.: 417, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, the President of CKMCKK, INC., DBA The Harvest Restaurant(CKMCKK) has advised that CKMCKK is purchasing the real estate and business located at 4 Cronin Road in the Town known as Phil's Harvest Restaurant and as a result of this transfer of ownership, CKMCKK is awaiting a transfer of the On-Premises Liquor License(License)from the current owner, and WHEREAS, CKMCKK has accordingly requested that the Town waive the 30-day notification required by the New York State Liquor Authority(NYS)in an effort to expedite issuance of the License and the Town Board has considered this request, 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 Liquor License is issued/transferred to CKMCKK, INC., DBA The Harvest Restaurant and that the Town Board has no objection to the License issuance/transfer and authorizes the Town Supervisor and/or Town Clerk to take any other actions necessary to effectuate this Resolution. Regular Town Board Meeting, 11-18-2024, MTG 934 533 Duly adopted this 18d'day of November, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH BUILDING PERMIT PROCESS RESOLUTION NO.: 418, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, Town of Queensbury Ordinance No. 30 and its subsequent Amendments provide in Section 5 for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS,the Town's Director of Building and Codes Enforcement has recommended that the Town Board amend Ordinance No. 30, Section 5,to raise certain fees associated with the building permit process as substantially set forth in the Proposed Fee Schedule presented at this meeting, and WHEREAS, the Town Board wishes to schedule a public hearing concerning the proposed Amendment to Ordinance No. 30, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 2nd, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens regarding the proposed Amendment to Ordinance No. 30, Section 5 to increase fees associated with the Town's building permit process, such proposed fee increases to be effective as of January 1", 2025, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town in the manner provided by law. Regular Town Board Meeting, 11-18-2024, MTG 934 534 Duly adopted this 18d'day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2025 -2027 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 419, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co.,Inc., South Queensbury Volunteer Fire Co.,Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town's Agreement with the Bay Ridge Volunteer Fire Co., Inc. will expire as of December 31, 2024, and WHEREAS,the Town and the Bay Ridge Volunteer Fire Co., Inc. have negotiated terms for a new three(3)year Agreement for fire protection services and accordingly,in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning a proposed 2025 -2027 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning a proposed 2025 - 2027 fire protection services Agreement between the Town of Queensbury and the Bay Ridge Volunteer Fire Co., Inc., on Monday, December 2nd, 2024 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Regular Town Board Meeting, 11-18-2024, MTG 934 535 Duly adopted this 18d'day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2025 -2027 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 420, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co.,Inc., South Queensbury Volunteer Fire Co.,Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS,the Town's Agreement with the South Queensbury Volunteer Fire Co.,Inc.will expire as of December 31, 2024, and WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc. have negotiated terms for a new three (3)year Agreement for fire protection services and accordingly, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning a proposed 2025 - 2027 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning a proposed 2025 - 2027 fire protection services Agreement between the Town of Queensbury and the South Queensbury Volunteer Fire Co., Inc., on Monday, December 2nd, 2024 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Regular Town Board Meeting, 11-18-2024, MTG 934 536 Duly adopted this 18d'day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2025 -2027 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 421, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co.,Inc., South Queensbury Volunteer Fire Co.,Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town's Agreement with the West Glens Falls Volunteer Fire Co., Inc. will expire as of December 31, 2024, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc. have negotiated terms for a new three (3)year Agreement for fire protection services and accordingly, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning a proposed 2025 - 2027 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning a proposed 2025 - 2027 fire protection services Agreement between the Town of Queensbury and the West Glens Falls Volunteer Fire Co., Inc., on Monday, December 2nd, 2024 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Regular Town Board Meeting, 11-18-2024, MTG 934 537 Duly adopted this 18d'day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2025 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 422, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town and WHEREAS,the Town's Agreements with its two(2)Emergency/Rescue Squads,West Glens Falls Emergency Squad,Inc.and Queensbury Emergency Medical Service will expire as of December 31, 2024, and WHEREAS, the Town and West Glens Falls Emergency Squad, Inc. have negotiated terms for a new one (1) year Agreement for general emergency ambulance services for 2025 and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall duly conduct a public hearing concerning a proposed new emergency ambulance services Agreement for 2025 between the Town of Queensbury and West Glens Falls Emergency Squad,Inc. on Monday,December 2nd,2024 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Regular Town Board Meeting, 11-18-2024, MTG 934 538 Duly adopted this 1 P day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION REAPPOINTING WENDY MATTHEWS TO TOWN RECREATION COMMISSION RESOLUTION NO.: 423, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS,the term of Recreation Commission member Wendy Matthews will expire as of December 31", 2024 and Ms. Matthews wishes to be reappointed to the Commission, and WHEREAS, the Town Board wishes to reappoint Wendy Matthews to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Wendy Matthews to the Town Recreation Commission with her term to expire as of December 31", 2030. Duly adopted this 18t'day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT OF TOWN WATER DEPARTMENT WATER RATE SCHEDULE RESOLUTION NO.: 424, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw Regular Town Board Meeting, 11-18-2024, MTG 934 539 WHEREAS,by Resolution No.: 362, 2012,the Queensbury Town Board enacted Local Law No.: 5 of 2012 to amend Town Code§173-17 and§173-27 to adoptthe Town Water District Schedule of Water Rates and Water Service Fees,which Local Law provided that the Town Board may amend its water use rates and fees from time to time by Resolution as provided under Town Law §198(3)(d), and WHEREAS,the Town Water Department's current Schedule of Water Rates is as follows: Water Rates Amount of Water Used Rate 0 up to 8,000 Gallons $35 8,001 Gallons to 3.25 Million Gallons $2.40/1,000 gallons Over 3.25 Million Gallons $.95/1,000 gallons Quarterly Flat Fee $145 Note: The above schedule is for billing on a quarterly basis and WHEREAS,the Town Water Superintendent has recommended that the Town Board amend the Water Department's Schedule of Water Rates to raise the charges effective for usage commencing January 1, 2025 and appearing on the May, 2025 water bills, and WHEREAS, the Town Board has considered such recommendation, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs amendment of the Water Department's Schedule of Water Rates,with such new Water Rates to be as follows: Water Rates Amount of Water Used Rate 0 up to 8,000 Gallons $35 8,001 Gallons to 3.25 Million Gallons $2.50/1,000 gallons Over 3.25 Million Gallons $1.00/1,000 gallons Quarterly Flat Fee $145 Note: The above schedule is for billing on a quarterly basis and BE IT FURTHER, RESOLVED, that such new Water Rates shall take effect commencing January 1, 2025 and appearing on the May, 2025 water bills, and Regular Town Board Meeting, 11-18-2024, MTG 934 540 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water Superintendent and/or Budget Officer to take any actions necessary to effectuate this Resolution. Duly adopted this 18d'day of November, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2025 -2027 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANCY, INC. RESOLUTION NO.: 425, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co.,Inc., South Queensbury Volunteer Fire Co.,Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town's Agreement with the Queensbury Central Volunteer Fire Co., Inc. will expire as of December 31, 2024, and WHEREAS, the Town and the Queensbury Central Volunteer Fire Co., Inc. have negotiated terms for a new three (3)year Agreement for fire protection services and accordingly, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning a proposed 2025 - 2027 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning a proposed 2025 - 2027 fire protection services Agreement between the Town of Queensbury and the Queensbury Central Volunteer Fire Co., Inc., on Monday, December 2nd, 2024 at 7:00 p.m., and BE IT FURTHER, Regular Town Board Meeting, 11-18-2024, MTG 934 541 RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 18d'day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2025 -2026 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY EMERGENCY MEDICAL SERVICE RESOLUTION NO.: 426, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town and WHEREAS,the Town's Agreements with its two(2)Emergency/Rescue Squads,West Glens Falls Emergency Squad,Inc.and Queensbury Emergency Medical Service will expire as of December 31, 2024, and WHEREAS, the Town and Queensbury Emergency Medical Service have negotiated terms for a new two (2) year Agreement for general emergency ambulance services for 2025 - 2026 and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall duly conduct a public hearing concerning a proposed new emergency ambulance services Agreement for 2025 -2026 between the Town of Queensbury and Queensbury Emergency Medical Service on Monday, December 2nd 2024 at 7:00 p.m., and BE IT FURTHER, Regular Town Board Meeting, 11-18-2024, MTG 934 542 RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 18'h day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF JAMES LAFOY FROM WATER PLANT OPERATOR II TO LABORATORY OPERATOR AT THE TOWN WATER TREATMENT PLANT RESOLUTION NO.: 427, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has recommended that the Town Board authorize the promotion of James LaFoy from Water Plant Operator H to Laboratory Operator at the Town's Water Treatment Plant due to the impending retirement of the Town's current Laboratory Operator, such promotion to be on a provisional basis until such time that Mr. LaFoy places successfully on the Civil Service Exam for the position, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of James LaFoy from Water Plant Operator H to Laboratory Operator at the Town's Water Treatment Plant effective on or about November 25t',2024 on a provisional basis until such time that Mr. LaFoy places successfully on the Civil Service Exam for the position at the rate of pay specified in the Town's CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, Regular Town Board Meeting, 11-18-2024, MTG 934 543 RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of November, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN THE COUNTY OF WARREN AND THE TOWN OF QUEENSBURY RELATING TO SOLID WASTE, CONSTRUCTION AND DEBRIS AND RECYCLING DISPOSAL AND HAULING SERVICES RESOLUTION NO.: 428, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, Warren County, for itself and as lead agent for municipalities in Warren County, including the Town of Queensbury, has arranged for solid waste, construction and debris and recycling disposal and hauling services, and WHEREAS, the County has presented the Town Board with a proposed Intermunicipal Agreement which sets forth the terms and conditions upon which the Town will participate and pay for such services with the term of the Intermunicipal Agreement to be from January 1, 2025 through December 31, 2025 with the option for two (2) additional one (1)year terms upon mutual agreement of the parties, and WHEREAS, the Town Board wishes to enter into such Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Intermunicipal Agreement between the County of Warren and the Town of Queensbury Relating to Solid Waste, Construction and Debris and Recycling Disposal and Hauling Services (Agreement) and authorizes and directs the Town Supervisor to execute the Intermunicipal Agreement in substantially the form presented at this meeting as well as any other needed documentation, and BE IT FURTHER, Regular Town Board Meeting, 11-18-2024, MTG 934 544 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk,Transfer Station Supervisor and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 1 P day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 11192024 RESOLUTION NO.: 429, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 11192024 with a report generated date of 11/14/2024 and a payment date of 11/19/2024, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 11192024 with a report generated date of 11/14/2024 and a payment date of 11/19/2024 totaling $680,915.75, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate this Resolution. Duly adopted this 18t'day of November, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF JENNIFER BAERTSCHI FRANCE FROM ASSISTANT DIRECTOR OF PARKS AND RECREATION TO DIRECTOR OF PARKS AND RECREATION Regular Town Board Meeting, 11-18-2024, MTG 934 545 RESOLUTION NO.: 430, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS,the Town of Queensbury's Director of Parks and Recreation(Director)has plans to submit his retirement effective on or about June 30, 2025, and WHEREAS, the Director and the Town's Recreation Commission have interviewed the Town's current Assistant Director of Parks and Recreation, Jennifer Baertschi-France, and have unanimously approved her promotion to the soon-to-be vacant Director position and have requested that the Town endorse this promotion, and WHEREAS, a formal training program provided by the Director to Ms. France shall take place through June 30, 2025 to help ensure a continuity of operations in the Parks and Recreation Department, and WHEREAS,the Town Board concurs with the Director and Recreation Commission's hiring recommendation and wishes to promote Ms. Baertschi-France to the Director position on a provisional basis until such time as she meets all Civil Service requirements including successful completion of a non-competitive,written promotional examination, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes and directs the promotion of Jennifer Baertschi-France from Assistant Director of Parks and Recreation to Director of Parks and Recreation effective December 2nd, 2024 on a provisional basis until such time as Ms. Baertschi-France meets all Civil Service requirements including successful completion of a non-competitive, written promotional examination for such position, and BE IT FURTHER, RESOLVED,that Ms. B aertschi-France shall be paid an annual salary of$90,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate this Resolution. Duly adopted this 18d'day of November, 2024,by the following vote: Regular Town Board Meeting, 11-18-2024, MTG 934 546 AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF MOWER AND HANDHELD OUTDOOR EQUIPMENT FOR CEMETERY DEPARTMENT AND AUTHORIZING APPLICATION FOR NYSERDA GRANT FUNDS RESOLUTION NO.: 431, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, by Resolution No.: 231, 2017, the Queensbury Town Board authorized formation of a Clean Energy Communities Committee with Kathy Bozony as its Chairperson and establishment of the Clean Energy Communities Capital Project Fund 4219, by Resolution No.: 136, 2018, accepted the designation of the Town as a Clean Energy Community, by Resolution No.: 71,2019, adopted the New York State Climate Smart Communities pledge, and by Resolution No.: 264,2021 authorized renewal of the Town's Independent Contractor Agreement with Ms. Bozony providing for Ms. Bozony to undertake tasks as may be directed by the Town Supervisor and/or Town Board, and WHEREAS, Ms. Bozony has advised that the Town may apply for New York State Energy Research and Development Authority (NYSERDA) Clean Energy Communities High Impact Action Grant Funds (Grant Funds) which could be used toward the purchase of certain electric equipment and/or projects, and WHEREAS, the Town Board wishes to authorize the purchase of a Z Master Zero Turn Riders 4000 Series Mower and certain landscaping equipment for the total amount of$35,095.15 from Grassland Equipment&Irrigation Corp. as set forth in its Quote dated 13-Nov-24 in accordance with New York State OGS Contract 4: PC69682, Group 440625 Heavy Equipment, Award 4PGB- 22792, such mower and equipment to be used by the Town Cemetery Department, and WHEREAS,the Town Board wishes to authorize the Town's application for Grant funds and should the Town Board be awarded such Grant Funds, the use of such Grant funds toward this purchase as well as toward other future qualifying purchases or services, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the purchase of a Z Master Regular Town Board Meeting, 11-18-2024, MTG 934 547 Zero Turn Riders 4000 Series Mower and certain landscaping equipment for the total amount of $35,095.15 from Grassland Equipment& Irrigation Corp. as set forth in its Quote dated 13-Nov-24 in accordance with New York State OGS Contract 4: PC69682, Group 440625 Heavy Equipment, Award 4PGB-22792, to be paid for from Account No.: 002-8810-2899 with the understanding that should the Town be awarded NYSERDA Clean Energy Communities High Impact Action Grant Funds (Grant Funds), the Town will use such Grant Funds toward this purchase, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $35,095.15 from General Fund Unappropriated Undesignated Fund Balance Account No.: 001-0000-0909 to Account No.: 002-8810-2899 and take any other actions necessary to effectuate payment with the understanding that the Town may later receive Grant Funds towards this purchase, and] BE IT FURTHER, RESOLVED, that the Town Board further authorizes Ms. Bozony and/or Town Staff to submit an application for Grant Funds as delineated in this Resolution, and BE IT FURTHER, RESOLVED,that should the Town be awarded such Grant Funds,the Town Board authorizes the Town Budget Officer to establish appropriations and estimated revenues,amend the Town Budget and/or take all actions she deems necessary to accept such Grant Funds to be used toward the purchase authorized by this Resolution as well as any other future qualifying purchases or services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor to sign any needed Grant application, a Grant Agreement should Grant Funds be awarded, and/or any needed documentation and the Town Supervisor/Deputy Town Supervisor, Kathy Bozony/Town Staff, Consultant, Cemetery Superintendent and/or Budget Officer to sign any needed documentation and take any other actions necessary to effectuate this Resolution. Duly adopted this 18'h day of November, 2024, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 11-18-2024, MTG 934 548 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR INSTALLATION OF ADDITIONAL HEATING/COOLING UNITS AT TOWN COURT BUILDING RESOLUTION NO.: 432, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Scott Gushlaw WHEREAS, the Town of Queensbury wishes to advertise for bids for the installation of additional heating/cooling units at the Town Court building located at 81 Glenwood Avenue, Queensbury(Project) as will be set forth in bid specifications to be prepared by the Town Supervisor, Facilities Manager and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, and WHEREAS, the Town has authorized an application for New York State Energy Research and Development Authority (NYSERDA) Clean Energy Communities High Impact Action Grant Funds (Grant Funds) and if such Grant Funds are awarded to the Town, the Town Board intends to use accepted Grant Funds toward this qualifying clean heating and cooling community campaign Project, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids in the official Town newspaper for the installation of additional heating/cooling units at the Town Court building, open all received bids, read,record and then present the bids to the next regular or special Town Board meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby expresses its support and intention to use New York State Energy Research and Development Authority (NYSERDA) Clean Energy Communities High Impact Action Grant Funds (Grant Funds) toward this qualifying clean heating and cooling community campaign Project should Grant Funds be awarded to the Town. Duly adopted this 18t'day of November, 2024,by the following vote: Regular Town Board Meeting, 11-18-2024, MTG 934 549 AYES Mr. Strough, Mr. Metivier, Mr. Gushlaw, Mr. Dixon, Mr. McNulty NOES None ABSENT: None 5.0 CORRESPONDENCE -None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) KEN TINGLEY-Spoke regarding Southern Adirondack Independent Living Center, SAIL, and urged people to visit and check out the great work they are doing there. Also spoke regarding the Town Board Ethics Policy and the need to be sure to avoid the appearance of conflict of interest and to be above politics. RONALD BALL-Spoke in response to Ken Tingley's comments and Post Star politics. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Reported that the new FW Webb facility off of Corinth Road has broken ground and that there may be other people moving in there as well. It's great for the Town of Queensbury. With the help of EDC and John's discussions we were able to keep them in the Town. It's a great location and has good access to exit 18 so big, good win for the Town and glad to see it in the Fourth Ward. COUNCILMAN DIXON(WARD III) • Firstly, I want to congratulate Scott on winning his election, nice to have you on the Board with us. • Reported that he had a chance to go to the Adirondack Folk School over in Hadley Luzerne. Many programs are available to Queensbury Residents as well. If you are looking for an interesting program whether it's welding, baskets to blacksmithing look up the Adirondack Folk School,they have a wealth of information, and their instructors are phenomenal. • Challenged the Board as we approach January I", we do need to take a look and make sure we are compliant with the new Amendment to the New York State Constitution with the passing of Proposition 1. To make sure we do our due diligence in any areas that may have potential for conflict and to be sure that there won't be any issues moving forward. COUNCILMAN GUSHLAW(WARD II) • Nothing to report. COUNCILMAN METIVIER(WARD I) • Questioned to see if John Strough was going to be updating on Ridge Road and commented that John has done an amazing job getting everything together with Ridge Road. • Congratulations to Scott. • I really can't believe I'm saying this but Happy Thanksgiving to everybody. I cannot believe that next week is Thanksgiving. It's crazy. SUPERVISOR STROUGH 0 Welcomed Scott. Regular Town Board Meeting, 11-18-2024, MTG 934 550 • Commented that we have four Fire Departments, two EMS Squads and I think my Town Board knows that working with all those organizations to get a contract in place was not an easy j ob. I am very close to finalizing the CSEA Agreement to the point where I will ask you to consider what I think is pretty good but now will have to get your opinions on it. Before the end of the year we will have all the Fire Department Contracts, all the EMS Squads and our CSEA Agreement behind us. • Received an email from Jacob Sabo to thank the Town for something done right. The storm drains on Bay Berry Drive and Bay Berry Court needed to be redone. The Town crew had the task and when completed it was a model of perfection. My wife and I would like to thank all of those involved, keep up the good work. • Attended Dr. Leach's presentation on Smallpox during the Colonial period which was very interesting. • Reported that Angio Dynamics is staying in the Town of Queensbury. They plan to stay in the Town and maintain some of their Medtech Cardiovascular and Oncology device manufacturing and at the same time to grow their distribution program out of the same facility. It is wonderful news for our entire region. The Town of Queensbury stands with our neighboring municipalities in offering whatever assistance Angio Dynamics needs to sustain their new business. • Reported that last Thursday I went to the Economic Upside of Bicycling Infrastructure. It was at the Adirondack Cycling Advocates. I'm a member of that Board and one of the founders of the original Bicycle group, Warren County Safe and Quality Bicycle Organization. It was a great meeting. Presentations from Robyn Haberman who is the Associate State Director of Community Engagement with New York State and talked about the importance of age friendly communities. And Heather Bagshaw who is the Tourism Director for Warren County talked about the economic impact of cycling tourism. Jim Siplon CEO of the EDC talked about the impact of Cycling infrastructure on economic development. The new trails in Warren County and Queensbury according to singletrack.com are the best in New York State. I want to thank Barbara Joudry,President of the ACA for organizing. It was a very interesting meeting. • Gave update on the bridge on Tee Hill Road. There used to be a culvert, and it was failing so we will be putting in a bridge. The storm events we've been having are much greater than they ever have been in recent history and the culverts aren't doing it. Bridges are more expensive but much more resilient. Tee Hill Road as it comes to the juncture with Moon Hill Road was starting to cave in and it wasn't safe for the public to be driving over it. I declared an emergency. I put everything on fast track and we're having the bridge, that Fort Miller is building,starting on Thursday they are going to be delivering the pieces and install the bridge. Moon Hill Road will be closed during working hours Thursday through possibly Tuesday. So, both Moon Hill Road and Tee Hill Road will be closed for a few days at least during business hours. So,within three months' time we will have this operational and open. • Reported that he received a public announcement from the CEO and President of Saratoga Hospital to make the Town aware that they have made the decision to close Adirondack Urgent Care permanently effective October 31, 2024. Saratoga Hospital Medical Group Pulmonology Office,currently located in Queensbury,will be relocating to this space to better serve our patients. • Announced the 2024 Residential Lawn and Yard annual leaf pick up o Wards I and II bags out by 11/10/2024 o Ward IV bags out by 11/24/2024 o Ward III bags out by 12/8/2024 • Thanked the public for coming, thanked TV8, Joel Barlow Jessie Jackson for filming our show. Thanked Town Counsel Mark Schachner of Miller Mannix Schachner and Hafner, Betty Murphy our Deputy Town Clerk, Town Board Members and welcomed Scott again. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 433, 2024 Regular Town Board Meeting, 11-18-2024, MTG 934 551 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michael Dixon RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 18'h day of November,2024,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr. Gushlaw,Mr.Dixon,Mr.McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK 11