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07-20-2020 MTG #23 REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 745 REGULAR TOWN BOARD MEETING MTG #23 July 20, 2020 RES #244-250 7:01 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILWOMAN AMANDA MAGEE TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV PEPE PRODUCTIONS SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 PUBLIC HEARING PUBLIC HEARING ON PROPOSED LOCAL LAW TO REENACT AND REESTABLISH TEMPORARY MORATORIUM ON INSTALLATION OF GOUND- MOUNTED SOLAR ENERGY SYSTEMS NOTICE SHOWN PUBLICATION DATE: JULY 10, 2020 SUPERVISOR STROUGH- Alright, this is to continue the moratorium on ground-mounted solar energy systems until we formulate a law that we think is ready for a public hearing, and we’re there. As a matter of fact, we’re so close to the final wording of that law, we may even have that law viewable to the public on and before the setting of the public hearing, which may occur rd August 3. But in the meantime, we want the moratorium to continue. We do have the county planning agency approval for extending the temporary moratorium on ground-mounted solar systems. So we do have a public hearing on this tonight. So all this is, is to prohibit any ground- mounted solar until we adopt a law, which may be as soon as the end of the August adopting the law. But in the meantime, we want to continue the moratorium. So there is a public hearing on this and I’m going to ask people present and then I will ask the people who are watching us through YouTube to give us a call or holler if you have any questions on the proposed moratorium law for extending the moratorium. You can call area code 518 761-8225. Then Zoom people, that’s people who are on the Zoom, if you wish to ask a question or have a say in this proposed extension of the moratorium on ground-mounted solar energy systems, you will have the opportunity to do that, but you will be in phase three of this public hearing. Okay, before we start the public hearing, any thoughts or comments on behalf of the Town Board. COUNCILMAN FREER- My only comment is that I only support this because of COVID. We’ve been fussing around with the local law, I know there’s a shift change… but certainly, I’m anxious to get the regular law on the books so that people know what to expect. But given the drill that we’re in the middle of with regard to a million things nobody had planned on, I will support extending this one more time; so this is the second time we’ve extended it. But I think, like you said, we’re well on our way to getting the actual regulation out there so I’m okay with it. SUPERVISOR STROUGH- Alright, if there’s nothing else from the Town Board at this time, I will open the public hearing on Resolution 1.1 a public hearing resolution enacting local law of 2020 to reenact and reestablish a temporary moratorium on installation of ground-mounted solar energy systems. Is there anybody present tonight that would like to speak to this proposed law for a moratorium on ground-mounted solar, to extend the moratorium on ground-mounted solar? REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 746 No one present. Alright, YouTube, again area code 518 761-8225. You can speak to the Town Board about this. You caller ID must be observable to me. We have a phone here. Alright while we are waiting on the phone… (shared a letter from Judy Goralski regarding the Recreation Department) Alright. Again, 518-761-8225 for anybody that has a question in reference to extending this moratorium. Alright, we’re still waiting. I want to give you ample time to make sure we have a public hearing. (shared an article in the Post Star on U.S. Representative, John Lewis) Alright, we haven’t received any interest in those people in the public that wish to speak to this Resolution to reenact and reestablish the temporary moratorium on the installation of ground- mounted solar energy system. Are there any other further Town Board thoughts on that? Okay, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 8 OF 2020 TO REENACT AND REESTABLISH TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS RESOLUTION NO.: 244, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, the Queensbury Town Board finds that it is in the public interest to prevent the premature and inappropriate installation of any ground-mounted solar energy system that would cause negative impacts to properties and therefore wishes to consider adoption of Local Law No.: 8 of 2020 entitled, "A Local Law to Reenact and Reestablish Temporary Moratorium on Installation of Ground-Mounted Solar Energy Systems” which Law shall authorize a temporary moratorium on the installation of ground-mounted solar energy systems located within all Town of Queensbury Zoning th Districts through January 20, 2021 or any earlier date that the Town Board adopts updated regulations relating to installation of ground-mounted solar energy systems, whichever date comes first, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and th WHEREAS, on or about July 20, 2020 the Warren County Planning Department considered the proposal and found that the moratorium would not create any significant intermunicipal or county-wide impacts, and REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 747 WHEREAS, on or about July 23, 2019, the Queensbury Planning Board considered the Town’s proposal to enact such a moratorium and at that time advised that the moratorium should clarify whether the ground-mounted solar energy systems are commercial or residential, and th WHEREAS, the Town Board duly held a public hearing on Monday, July 20, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 8 of 2020 "A Local Law to Reenact and Reestablish Temporary Moratorium on Installation of Ground-Mounted Solar Energy Systems” which Law shall authorize a temporary moratorium on the installation of ground-mounted solar energy systems located in all Town of Queensbury Zoning Districts through th January 20, 2021 or any earlier date that the Town Board adopts regulations relating to installation of ground-mounted solar energy systems, whichever date comes first, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 20 day of July, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None LOCAL LAW NO. 8 OF 2020 A LOCAL LAW TO REENACT AND REESTABLISH TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Title and Authority. The Town of Queensbury hereby reenacts and reestablishes its temporary moratorium on the installation of any ground-mounted solar energy system within all Town Zoning Districts for six (6) REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 748 months. This Local Law is adopted in accordance with Municipal Home Rule Law §10 and shall be as follows: A. Purpose. This moratorium is adopted so that the Town of Queensbury can prepare regulations relating to the installation of ground-mounted solar energy systems. These regulations are nearing completion so the reenactment and reestablishment of this moratorium is necessary in order to allow the Town Board adequate time to review, study and finalize these regulations and consider amendment of the Town Code regulating the installation of any ground-mounted solar energy systems within all Town Zoning Districts. B. Moratorium. The Town of Queensbury hereby reenacts and reestablishes its imposition of a moratorium on the installation of any ground-mounted solar energy system within all Town Zoning Districts th through January 20, 2021 or any earlier date that the Town Board adopts regulations relating to installation of ground-mounted solar energy systems. This moratorium shall not apply to ground- mounted solar energy systems installed in the Town of Queensbury prior to the effective date of this Local Law. C. Extensions. This moratorium may be extended for such additional periods as the Town Board may determine to be necessary to protect the public health, safety and welfare to the citizens of the Town of Queensbury. D. Termination. th This moratorium shall be terminated earlier than January 20, 2021 upon enactment of any local legislation which adopts regulations relating to installation of ground-mounted solar energy systems. SECTION 2. Effective Period. REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 749 This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by law. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) COUNCILMAN FREER- Spoke regarding Resolution 3.1 entitled Resolution Authorizing Contribution to Warren County Toward Purchase of Mobile Salt Brine Making Unit. COUNCILMAN FERONE- Spoke Regarding Resolution 3.3 entitled Resolution Acknowledging Town of Moreau’s Purchase of Additional 100,000 Gallons of Reserved Capacity from Town of Queensbury on Behalf of Queensbury Consolidated Water District. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING CONTRIBUTION TO WARREN COUNTY TOWARD PURCHASE OF MOBILE SALT BRINE MAKING UNIT RESOLUTION NO.: 245, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 384,2018, the Queensbury Town Board authorized the Town of Queensbury’s participation with the Village of Lake George and other municipalities in a New York State Department of Environmental Conservation Grant Program entitled “DEC01-C00523GG- 33500000 Village of Lake George Regional Road Salt DeIcing Reduction Project” whereby the Town of Queensbury received a Live Edge Truck Maxx Plow and Brine Equipment, and WHEREAS, David Wick, Executive Director of the Lake George Park Commission, has advised that the municipalities made great collective progress to reduce road salt usage throughout the Lake George Basin by pretreating roads with salt brine thereby reducing icing and the use of road salt, and WHEREAS, Mr. Wick has advised that the outside salt brine vendor has been purchased by a larger company so costs are anticipated to increase; however, a cost savings solution has been identified such that the brine could be made locally by using salt from each municipality’s salt pile by an industrial grade mobile salt brine making unit, and REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 750 WHEREAS, the Warren County Department of Public Works has an opportunity to procure, own and maintain such a mobile salt brine making unit for the approximate sum of $100,000 and allow its use by the local municipal highway departments in the Lake George Watershed Basin, including the Town of Queensbury Highway Department, and WHEREAS, the Village of Lake George has $72,000 in water quality grant funds available toward the purchase of the mobile salt brine making unit, leaving a gap of approximately $28,000, which sum could be split among the local municipalities, and WHEREAS, Mr. Wick has requested that each involved municipality accordingly contribute $4,000 - $5,000 toward the purchase to make up the funding shortfall, and WHEREAS, the Town Highway Superintendent supports such purchase as it would help in the Highway Department’s continued pretreatment of Town roads and the reduction in the use of road salt, and WHEREAS, the Town Board believes that this cost-savings purchase will benefit the Lake George Watershed Basin and Town residents and therefore the Town Board wishes to authorize its share and contribution in an amount up to $5,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury’s participation with Warren County and local municipalities toward Warren County’s purchase and maintenance of an industrial grade mobile salt brine making unit to be used by the Town of Queensbury Highway Department and other local highway departments in the Lake George Watershed Basin as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs its share and payment up to $5,000 to Warren County toward the total approximate $100,000 purchase, to be paid from Snow & Ice Melting Agents Account No.: 004-5142-4641, and REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 751 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed documentation and the Town Supervisor, Town Highway Superintendent and/or the Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of July, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AND RATIFYING EXTENSION/RENEWAL OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT REGARDING MS4 STORMWATER MANAGEMENT SERVICES THROUGH JUNE 30, 2021 RESOLUTION NO.: 246, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury is a regulated municipality under the New York State Department of Environmental Conservation Municipal Separate Storm Sewer System Program (MS4), which regulations help to protect and improve the quality of public water bodies in more densely populated areas of the State, specifically focusing on stormwater runoff, and WHEREAS, by Resolution No.: 191,2011, the Queensbury Town Board authorized an Agreement between the Town and the Warren County Soil & Water Conservation District (District) whereby the District assumed the role of Queensbury’s Stormwater Management Officer, becoming the primary contract for the Town on matters related to the MS4 Program, and by Resolution No.: 243,2019 authorized an Agreement extension/renewal through June 30, 2020, and WHEREAS, by letter proposal dated July 10, 2020, the District has proposed to extend such Agreement through June 30, 2021, and REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 752 WHEREAS, the Town Board wishes to accept such letter proposal and enter into an Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the July 10, 2020 MS4 Stormwater Management Services letter proposal from the Warren County Soil & Water Conservation District (District) and authorizes and ratifies the coinciding Agreement for the renewal/extension of MS4 Stormwater Management Services substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement and any other documentation needed to effectuate such letter proposal, and BE IT FURTHER, RESOLVED, that payment for such services for an amount of $12,000 for such one year term shall be paid for from Drainage Misc. Contractual Account No.: 001-8540-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2020 Town Budget by transferring $12,000 from unappropriated, undesignated Fund Balance to Drainage Misc. Contractual Account No.: 001-8540-4400, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Planning and Zoning, and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 20 day of July, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 753 AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION ACKNOWLEDGING TOWN OF MOREAU’S PURCHASE OF ADDITIONAL 100,000 GALLONS OF RESERVED CAPACITY FROM TOWN OF QUEENSBURY ON BEHALF OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 247, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board, on behalf of the Queensbury Consolidated Water District, entered into an Intermunicipal Agreement with the Town of Moreau for the Town of Queensbury’s sale of water to the Town of Moreau, which Intermunicipal Agreement has been subsequently amended, and WHEREAS, in accordance with the Intermunicipal Agreement, as amended, the Town of Moreau is currently entitled to a Reserved Capacity (meaning the daily water reserved for Moreau under the Intermunicipal Agreement) of 1,250,000 gallons per day, and WHEREAS, the Town of Moreau wishes to purchase an additional 100,000 gallons of Reserved Capacity for $106,000 in accordance with the terms set forth in the Section IX of the Agreement, and WHEREAS, the Town of Queensbury Water Superintendent and Queensbury Town Board wish to acknowledge the Town of Moreau’s purchase request and affirm that such purchase would result in the Town of Moreau having purchased a total of 1.35 million gallons of Reserved Capacity per day to date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges the Town of Moreau’s purchase of an additional 100,000 gallons of Reserved Capacity for $106,000 in accordance with the Intermunicipal Agreement with the Town of Moreau, and hereby affirms that such purchase results in the Town of Moreau purchasing a total of 1.35 million gallons of Reserved Capacity per day from the Town of Queensbury on behalf of the Queensbury Consolidated Water District, to date, and REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 754 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Water Superintendent, Town Budget Officer, and/or Town Counsel to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of July, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN DEVELOPERS’ BUY-IN FEE FOR EXTENSIONS WITHIN ANY TOWN OF QUEENSBURY WATER DISTRICT RESOLUTION NO.: 248, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 134.98, the Queensbury Town Board authorized the standardization of a developers’ buy-in fee of $100 per lot for any developer wishing to apply for an extension to the Queensbury Consolidated Water District, and WHEREAS, the Town Water Superintendent has recommended that the Town Board authorize an increase in the buy-in fee from $100 to $350 per lot, and that such buy-in fee be applicable for all water district extensions within any water district in the Town of Queensbury, as well as for situations where an Out-Of-District Contract may be more appropriate, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs an increase in the developers’ buy-in fee from $100 per lot to $350 per lot for any developer wishing to apply for any and all water district extensions within any water district in the Town of Queensbury as well as for situations where an Out-of-District Contract may be more appropriate, such fee(s) to be payable to the Town at the time of final approval of the water district extension and/or Out-of-District Contract, and REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 755 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of July, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 07212020 RESOLUTION NO.: 249, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 07212020 with a run date of 07/16/2020 and a payment date of 07/21/2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 07212020 with a run date of 07/16/2020 and a payment date of 07/21/2020 totaling $2,121,021.61, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 20 day of July, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 756 AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 4.0 CORRESPONDENCE- NONE 5.0 PRIVILEGE OF THE FLOOR (LIMT- 4 MINUTES)- NO PUBLIC COMMENT SUSAN LEPORIN- Called in and spoke regarding short-term rentals. Would like to see quiet hours start earlier. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)- Nothing to report. COUNCILMAN FREER (WARD II)-  We all need to work together and encourage everyone to wear masks when we are violating the six-foot distance.  Spoke regarding Hovey Pond. A shout out to Gary Higley who suggested an improvement. We weren’t able to put in the bridge on the north end, but we were able to make a nice walkway. COUNCILWOMAN MAGEE (WARD IV)-  Has received emails and phone calls from constituents concerning people riding dirt bikes and other motorized vehicles on property that is posted “no trespassing” in the area of Corinth Road.  Spoke regarding short-term rentals and quiet hours.  On the topic of people calling in or emailing, had a constituent reach out who just wanted to express his gratitude to Town Board. COUNCILMAN FERONE (WARD III)- Reminded everyone to take care during these heat waves. SUPERVISOR STROUGH-  Read a letter from Judy Goralski regarding the Recreation Department. She stated that she is so impressed with their professionalism, creativity and hard work of the employees in the Recreation Department.  Thanked the Post Star for a very nice article/quote from John Lewis.  The State will be repaving two parts of Ridge Road. The first part is from the Queensbury/Glens Falls line to Quaker Road. They are planning to start that Wednesday, nd July 22 and finishing the following Tuesday or Wednesday. After that is complete, they are set to do Sunnyside Road to Clements Road. They are going to keep single lanes open. The Town will be having some roads paved, as well. We will be outsourcing some paving projects, ones that need reconstruction. They are: Garrison Road, Gurney Lane, Luzerne Road and Hiland Springs Way.  Cost Control Associates did an inventory of our street lighting.  Received an email from a website called Lendedu. They did a study on the most budget- friendly cities for renters. Queensbury was ranked twelfth in the State.  A reminder to everyone who has not yet done so, please complete your census.  Received a letter of congratulations from Governor Andrew Cuomo on the successful completion of the Town of Queensbury’s New York State Community Block Grant.  Received information from the Director of the Office of the Aging concerning $20 vouchers for local farmer’s markets for eligible seniors. For more information, call Office of the aging (518) 761-6347. REGULAR TOWN BOARD MEETING, 07-20-2020, MTG # 23 757  Spoke regarding an article in the Lake George Mirror concerning the Fund for Lake George. They are launching a safe septic initiative to protect Lake George from pollution. Thanked the Fund for Lake George for their effort.  Be careful, there has been bear sightings in the area of West Mountain.  Received a letter from a resident on Glen Lake who would like to see the Town enact a noise ordinance.  Spoke regarding Kathleen Moore’s article in the Post Star criticizing the Town on their handling of the short-term rental law.  Reviewed the many projects going on within the Town.  Thanked all who attended meeting.  Thanked Looked TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 250, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Amanda Magee RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 20th day of July 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I