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09-28-2020 MTG #29 REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 95 REGULAR TOWN BOARD MEETING MTG #29 September 28, 2020 RES #311-328 7:03 P.M. BOH 44-47 LL #9 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILWOMAN AMANDA MAGEE TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV PEPE PRODUCTIONS POST STAR (REMOTE) SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN F. STROUGH, III PRESENTATIONS: Fund for Lake George: Establishing a Scalable Pilot Project for the Lake George Region to Identify and Stop Hemlock Woolly Adelgid (HWA) by Eric Siy, Executive Director for Fund for Lake George and Zack Simek, Conservation and GIS Analyst for The Nature Conservancy Catholic Charities: Federal SNAP (Supplemental Nutrition Assistance Program) and other program/services for Ben Driscoll, Nutrition Outreach and Education Program Coordinator 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 311, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. TH Duly adopted this 28 day of September 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING- KEITH AND SARAH BARTON’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 96 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Okay, Keith and Sarah Barton who live at 120 Sunnyside North want to install a septic system. With certain components, they’re going to need variances from the Town Code. They are requesting four variances. They goes as follows: 1. Infiltrator H-20 Chamber absorption system to be located beneath the driveway; 2. Absorption field to be 1.5’ from the property line instead of the required 10’ setback; 3. Septic tank to be 3.5’ from the property line instead of the required 10’ setback; and 4. Distribution box to be 1.5’ from the property line instead of the required 10’ setback. This is for property at 120 Sunnyside North, owned by Keith and Sarah Barton. I see we have an agent for the applicant. If you will introduce yourself and expand on what I said, I’d welcome that. TOM HUTCHINS, HUTCHINS ENGINEERING- Here on behalf of Keith and Sarah Barton who are here with us tonight, as well. The Barton’s have owned this property for 40 years or thereabouts. Historically, there has been a mobile home on this property that was very close to the road. In fact, a portion of it was over the right-of-way, the right-of-way bounds and that had been there since the 1960’s. That home has been removed. It hadn’t been used in some years and was dilapidated. I don’t know if you remember it, but it looked like this (shared picture of mobile home to Board Members). It was a pink mobile home. It was past its useful life. What they’d like to do is construct a small residence on this parcel. The parcel is somewhat constrained being on the lake and there are neighboring water supplies. The location we have chosen for this wastewater system maintains setbacks to all water supplies, neighboring as well as the shoreline and stays away from a decent slope that goes down towards the shore. It is located beneath the driveway and that’s the quest of the variances we’re requesting. We’ve shown an H-20 rated infiltrator chamber system, which is built to be installed in traffic areas. I think this Board has seen that system before. The other variance we are asking for is property line setbacks because it is a somewhat narrow parcel and where we have it is what we feel is the best technical place for this system on the parcel. We’ll be, assuming we’re successful in this variance request, we’ll be going before the Planning Board and perhaps the Zoning Board for the residence itself. With that, I turn it over to the Board to answer any questions. SUPERVISOR STROUGH- Okay, thank you. Questions from the Board? COUNCILMAN FERONE- I was there today. I took a look at the property. I had a picture from the Town’s website so I did see that there was a mobile home there, which there is a big hole where the mobile home was. MR. HUTCHINS, AGENT- Yes. COUNCILMAN FERONE- And I assume that’s approximately where that new septic system is going to go, right there. MR. HUTCHINS, AGENT- Yes, a little further back off the road. COUNCILMAN FERONE- Okay, alright, but again, extremely narrow piece of property there. There’s not much you can do. I like the fact that you’re trying to keep it as far away from the lake as possible so it’s up at the top of the hill next to the road. I didn’t see much problem with it. SUPERVISOR STROUGH- Okay. Alright, Tom I may call you back. I’m going to open the public hearing. The public may have some questions and we may need you to answer those questions, if you don’t mind. Thank you for wiping the desk and microphone. I’m going to ask all people that come forward to please clean it upon your departure. Thank you. The cleaning wipes are there in the podium. Alright, I will open the public hearing on this Resolution to consider the variances being requested by Keith and Sarah Barton tonight for 120 Sunnyside North. Is there anybody here that would like to speak to this application for variances? Is there anybody on Zoom? And if there is anybody who is watching us on YouTube, please call (518) 761-8225. I think you’ve got it on the YouTube. I’ve got my phone here. You need to have a caller ID. I will not accept generic names. It has to be your name. I will accept that. REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 97 So the public hearing is open. Alright, appearing to have no public interest in saying anything further, are there any additional questions to ask of the applicant’s agent, Tom Hutchins? COUNCILMAN FERONE- Yes, I just have one other question. SUPERVISOR STROUGH- Tom, could you… COUNCILMAN FERONE- There was no other pre-existing system here? There was nothing that… MR. HUTCHINS, AGENT- Yeah, it was just on the lake side of where the mobile home was, up on the high ground. So almost underneath it. COUNCILMAN FERONE- And that’s gone now? MR. HUTCHINS, AGENT- Yes, that will be dug out. COUNCILMAN FERONE- Okay, thank you. SUPERVISOR STROUGH- Okay, no further questions, how about a resolution to approve. DEPUTY TOWN CLERK, MELLON- Close the public hearing. COUNCILMAN METIVIER- Close the public hearing. SUPERVISOR STROUGH- I’ll close the public hearing, thank you Rose. PUBLIC HEARING CLOSED RESOLUTION APPROVING KEITH AND SARAH BARTON’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 44, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, Keith and Sarah Barton (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a septic system with certain components to be located on their property as follows: 1. Infiltrator H-20 Chamber absorption system to be located beneath the driveway; 2. Absorption field to be 1.5’ from the property line instead of the required 10’ setback; 3. Septic tank to be 3.5’ from the property line instead of the required 10’ setback; and 4. Distribution box to be 1.5’ from the property line instead of the required 10’ setback; on property located at 120 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 th on Monday, September 28, 2020, and REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 98 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 Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Keith and Sarah Barton for variances from the Sewage Disposal Ordinance to install a septic system with certain components to be located on their property as follows: 1. Infiltrator H-20 Chamber absorption system to be located beneath the driveway; 2. Absorption field to be 1.5’ from the property line instead of the required 10’ setback; 3. Septic tank to be 3.5’ from the property line instead of the required 10’ setback; and 4. Distribution box to be 1.5’ from the property line instead of the required 10’ setback; on property located at 120 Sunnyside North in the Town of Queensbury and bearing Tax Map No: 279.17- 2-11. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None PUBLIC HEARING- JAMES BRODA’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Okay, James Broda owns the residence at 136 Cleverdale Road. They have filed an application for variances from provisions of the Town of Queensbury on-site sewage disposal ordinance Chapter 136 to maintain a pre-existing, non-conforming septic system with the placement of the leaching system. So what they’re asking for the leaching system is that it be 65 foot from the well in lieu of the required 100 foot setback, and the second variance that they are requesting is 10 foot from the dwelling instead of the required 20 foot setback. So we have a public hearing on that. Is there an agent that wishes or the owners that wish to speak to this application? Please come forward and identify yourself. REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 99 MORGAN GAZETOS- Agent for James Broda. SUPERVISOR STROUGH- Alright, Mr. Gazetos, would you elaborate and tell us a little bit more about this system? MR. GAZETOS- I don’t know if you had a chance, Supervisor, to read my letter that I accompanied with the variance application; but it’s kind of an interesting story. SUPERVISOR STROUGH- Yeah. MR. GAZETOS- I’ve come before a couple of Boards…zoning or for…but this is the one occasion for myself…and it’s interesting because this is the one time I couldn’t find a solution to the problem by changing anything. So, my friends the Broda’s acquired this house from the… I conned them into letting me get into contract for it because of the … and the funniest thing about this is anywhere I go different with that septic system, I encroach on the distance to the neighbors lot; and if not I only bring it closer to my own lot. So, it’s funny how the minimum variance is the existing. Mr. Baroda still owns it, he let me start working on it before I acquired it so we were doing the siding and the windows in the wintertime. My guy John is pushing in the bathroom window to me, we were going to re-trim it and I put my boot through the bathroom floor. I mean, knee deep through the bathroom floor. So the whole reason I’m here before you because it passed through the transfer in September, but the house is unusable because I can’t put the bathroom back together. So, I’m not changing floor size, bedroom count, nothing and the bathroom is maybe eight by six. I guess the way the tub was, it comes down partially under a slab, the water would run along the joist and just eat that one spot in from of the window and through I went. We were cleaning up later and here comes Dave Hatin who said, you’re going to need a permit for that. I thought, oh no big deal, a bathroom floor, right. How bad can this be? Thanks to COVID and all of that, here I am. It’s a never ending battle. SUPERVISOR STROUGH- Okay, before I open the public hearing, is there any Town Board questions of the applicant’s agent? COUNCILMAN FERONE- Considering the 65 foot coming from the well, and even as you said, from your own well, as well. Have you considered putting in some kind of ultraviolet system just to… MR. GAZETOS- I would have no opposition to that. COUNCILMAN FERONE- Okay. MR. GAZETOS- Like I said, the bathroom is beat, so we going to go through the floor and probably re- plumb anyway. COUNCILMAN FERONE- Yeah. MR. GAZETOS- So I think probably something like that or the micron filter…with the… COUNCILMAN FERONE- Yeah, just for that extra protection. MR. GAZETOS- My parents’ place is further down Cleverdale…UV to mircrons… COUNCILMAN FERONE- Thank you. TOWN COUNSEL, ROBERT HAFNER- So, will that be a contingency to add to it? COUNCILMAN FERONE- I think it should be. SUPERVISOR STROUGH- I agree with Councilperson Ferone, yeah. COUNCILMAN FERONE- Sounds like there is no opposition so… SUPERVISOR STROUGH- I think it’s a good suggestion and it seems to be the consensus of the Board. So if you would add something if we do consider for approval tonight. COUNCILMAN FERONE- Thank you, Bob. REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 100 SUPERVISOR STROUGH- Any other questions or thoughts or concerns before I open the public hearing? Seeing none and if you will have a seat. I may ask you to come back up to answer some questions. Thank you. So, I’m going to open the public hearing. Is there anybody present who would like to speak to this application for a septic variance? Is there anybody in the Zoom world? No, I don’t see any blue hands. Anybody in the YouTube world want to call in (518) 761-8225? Okay, I will close the public hearing. Any further thoughts on behalf of the Town Board? Bob, are you ready for sharing your thoughts for amending this Resolution for approval? TOWN COUNSEL, HAFNER- Sure. I think we just add another resolved, after the resolved 65 feet and the 10 feet. Resolved that the variance and continued use of the septic system is contingent upon there be a working UV system as part of the well and water system. SUPERVISOR STROUGH- Alright, do you want to put it on the wells water or did you want to put it on the outflow from the tank? COUNCILMAN FERONE- I think from the well water, no… TOWN COUNSEL, HAFNER- I have the well...water… SUPERVISOR STROUGH- Okay, well we could go either way but this is for the well water. Alright that sounds…is that okay with the Board? COUNCILMAN METIVIER- Yes. SUPERVISOR STROUGH- Is there a motion to approve the Resolution as amended? PUBLIC HEARING CLOSED RESOLUTION APPROVING JAMES BRODA’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 45, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, James Broda (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to maintain a pre-existing, non-conforming septic system with placement of a leaching system: 1. 65’ from the well in lieu of the required 100’ setback; and 2. 10’ from the dwelling in lieu of the required 20’ setback; on property located at 136 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request th on Monday, September 28, 2020, and REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 101 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 3. 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 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of James Broad for variances from the Sewage Disposal Ordinance to maintain a pre-existing, non-conforming septic system with placement of a leaching system: 1. 65’ from the well in lieu of the required 100’ setback; and 2. 10’ from the dwelling in lieu of the required 20’ setback; on property located at 136 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 227.17- 2-33, and BE IT FURTHER, RESOLVED, that the variance and continued use of the septic system is contingent upon there being a working UV system as part of the well and water system, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 102 RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None PUBLIC HEARING- SARAH LANDERS, AMANDA SYKES AND MEGHANN BODEAU’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- So we are talking about a residence owned by those three individuals on 15 Sign Post Road. They are installing a Clarus Fusion septic system with placement of a pre-existing non-conforming leach pit 62 feet from the Lake George shoreline in lieu of the required 100 foot setback on property located at 15 Sign Post Road. So is there an agent that wishes to speak to this, or one of the owners, apparently. SARAH LANDERS- Hi. SUPERVISOR STROUGH- Hi. MS. LANDERS- How are you? So we actually installed … in 2016 the Fusion. It was installed four years ago. COUNCILMAN METIVIER- Can we get your name? COUNCILMAN FERONE- You need to introduce yourself. MS. LANDERS- I’m sorry, I’m Sarah Landers at 15 Sign Post Road. SUPERVISOR STROUGH- Yeah, well I’m sorry. MS. LANDERS- That’s okay. So we installed with a permit from the Town of Queensbury in 2016 a Claus Fusion system in the same spot that the very antiquated non-working septic system was. This past spring went to do a small building project to fix a porch that was falling off the cottage that was built in 1935. The initial permit was filed and the electrical piece passed and then I got a call from Dave Hatin saying that I needed a septic variance. After chatting with him, putting in the first application, he sent it back and said, no you don’t need a septic variance, you need a zoning variance. I spoke with Mr. Brown, Craig Brown who then after several weeks got back and said, no it is actually a septic variance. So, I resubmitted to Mr. Hatin and here we are. SUPERVISOR STROUGH- Okay. COUNCILMAN METIVIER- So, it’s installed, working? MS. LANDERS- Four years ago. It’s great… COUNCILMAN METIVIER- I see it happen a lot. REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 103 MS. LANDERS- Well, that’s one of the questions I have because I sit on the North Queensbury wastewater and I know several of us in Dunham’s Bay have installed these Clarus systems with permits but didn’t need to get variances then… COUNCILMAN FERONE- You answered a lot of questions for me because I saw the deck and I saw the gray top of the system and I said, it’s there. MS. LANDERS- Right, they already did it. COUNCILMAN METIVIER- So, every once in a while this just happens, it’s weird. But, you’re not the only one. MS. LANDERS- Okay, so I think we followed the rules. We did what we were supposed to do. COUNCILMAN METIVIER- Right, right. MS. LANDERS- It works and its got the UV light so although it’s a seepage pit that’s there, it’s sterile water that comes out. We got as far away from the lake as we could without… SUPERVISOR STROUGH- And if you will Sarah, let me explain to the public that the 100 foot is for your traditional systems. You have put in a pre-treatment system and in my opinion is one of the best. It’s the Clarus Fusion 450. In addition to that, an ultraviolet system. So, that water going out to the field the scientist claim it’s drinkable. I’m not going to try it. I will just take their word on it. But, what’s going out to your leach bed has been heavily treated as opposed to not in your traditional system. So, I just want to point that out to folks. So are there any questions before we open the public hearing from the Town Board? COUNCILMAN FERONE- I just want to commend you on how you get down to that house and back because I went today… MS. LANDERS- Yeah, it’s not pretty. COUNCILMAN FERONE- And it’s quite steep. MS. LANDERS- It is. It’s not always fun, especially in the winter. SUPERVISOR STROUGH- Okay, Sarah. I’m going to ask the public if they have any questions. I may call you back to answer some of those questions, if you would. MS. LANDERS- Okay. SUPERVISOR STROUGH- So have a seat, please. Thank you for cleaning up the area. So is there anybody here that wishes to speak to this 15 Sign Post Road Resolution seeking variances, variance, one variance? I’ll open the public hearing. Anybody present? Anybody in the Zoom world? No little blue hands. Anybody watching YouTube would you call in (518) 761-8225. Alright, not having any takers I will close the public hearing. Any further thoughts or questions on behalf of the Town Board? I will entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING SARAH LANDERS, AMANDA SYKES AND MEGHANN BODEAU’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 46, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 104 WHEREAS, Sarah Landers, Amanda Sykes and Meghann Bodeau (Applicants) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to maintain a Clarus Fusion septic system with placement of the pre-existing, non-conforming leach pit 62’ from the Lake George shoreline in lieu of the required 100’ setback on property located at 15 Sign Post Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request th on Monday, September 28, 2020, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Sarah Landers, Amanda Sykes and Meghann Bodeau for a variance from the Sewage Disposal Ordinance to maintain a Clarus Fusion septic system with placement of the pre-existing, non-conforming leach pit 62’ from the Lake George shoreline in lieu of the required 100’ setback on property located at 15 Sign Post Road in the Town of Queensbury and bearing Tax Map No: 239.16-1-10, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 105 ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 47, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 28th day of September 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING- 2021 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained the proposed rates for the benefit tax roll are going to remain the same as it was last year. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION ADOPTING 2021 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 312, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2021 and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 106 th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2021 at the following rate: District Units Amount to be Raised Tax Rate/Unit Glen Lake Aquatic Plant Growth 333.85 46,739 140. Control and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING- 2021 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained the proposed rates for the benefit tax roll are going to remain the same as it was last year. COUNCILMAN FREER- Made a suggestion that the Board Members should make a broad policy that they use whole dollars for this kind of stuff. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION ADOPTING 2021 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 313, 2020 REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 107 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2021 and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2021 at the following rate: District Units Amount to be Raised Tax Rate/Unit Lake Sunnyside Aquatic Plant 175.04 12,677.10 72.424 Growth Control and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None PUBLIC HEARING- 2021 NORTH QUEENSBURY (DUNHAM’S BAY) WASTEWATER DISPOSAL DISTRICT BENEFIT TAX ROLL NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained the proposed rates and noted an 85% reduction in the benefit tax roll from this year to 2021. REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 108 OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION ADOPTING 2021 NORTH QUEENSBURY (DUNHAM’S BAY) WASTEWATER DISPOSAL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 314, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the North Queensbury (Dunham’s Bay) Wastewater Disposal District Benefit Tax Roll for 2021 assessing the expense of district improvements of general sanitary sewers located in the North Queensbury Wastewater Disposal District – Dunham’s Bay and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the North Queensbury (Dunham’s Bay) Wastewater Disposal District Benefit Tax Roll for 2021 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: District Units Amount to be Raised Tax Rate/Unit North Queensbury 71 (60 with 655.00 10.00 (Building Units) (Dunham’s Bay) Wastewater Buildings; 5.00 (Vacant Units) Disposal 11 Vacant) and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 109 AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None PUBLIC HEARING- ADOPTING QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained this is proposed to increase seven tenths of a percent for 2021. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION ADOPTING QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 RESOLUTION NO.: 315, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2021 assessing the expense of district improvements of general sanitary sewers located in the Queensbury Consolidated Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 110 Units Amount to be Raised Tax District Rate/Unit Queensbury Consolidated 12307.93 58,185.82 4.7275 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None PUBLIC HEARING- RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained they are proposing a 6.7 percent increase for 2021. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION ADOPTING RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 RESOLUTION NO.: 316, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2021 assessing the expense of district improvements of general sanitary sewers located in the Reservoir Park Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 111 th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: District Units Amount to be Tax Raised Rate/Unit Reservoir Park 25 11,500 460.00 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None PUBLIC HEARING- ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained they are proposing a 3.2 percent increase for 2021. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION ADOPTING ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 RESOLUTION NO.: 317, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 112 WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Route 9 Sanitary Sewer District Benefit Tax Roll for 2021 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: District Units Amount to be Tax Rate/Unit Raised Route 9 6085.04 247,500 40.6735 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING- SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained they are proposing a 3.2 percent decrease for 2021. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING RESOLUTION ADOPTING SOUTH QUEENSBURY – QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 113 RESOLUTION NO.: 318, 2020 INTRODUCED BY: Mrs. Amanda Magee WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2021 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury – Queensbury Avenue Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: District Units Amount to be Tax Raised Rate/Unit South Queensbury-Queensbury 1148.7 28,871.00 25.1319 Ave. 8 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 114 PUBLIC HEARING- WEST QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2020 SUPERVISOR STROUGH- Explained they are proposing an 8.1 percent decrease for 2021. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING COUNCILMAN FREER- It’s important to note that the reason we have broken these districts down is so that the people who are getting the service are paying for both the service and sustainability of those individual systems. There are different rates for different repairs and capabilities. RESOLUTION ADOPTING WEST QUEENSBURY –CONSOLIDATED SEWER DISTRICT BENEFIT TAX ROLL FOR 2021 RESOLUTION NO.: 319, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the West Queensbury Consolidated Sewer District Benefit Tax Roll for 2021 assessing the expense of district improvements of general sanitary sewers located in the West Queensbury Consolidated Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the West Queensbury Consolidated Sewer District Benefit Tax Roll for 2021 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: District Units Amount to be Raised Tax Rate/Unit West Queensbury Consolidated 1987.33 172,100 86.5986 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 115 sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 28 day of September, 2020 by the following vote: AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None PUBLIC HEARING- AMENDING QUEENSBURY TOWN CODE TO ESTABLISH RENEWABLE ENERGY SYSTEMS AND FACILITIES REGULATIONS NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 11, 2020 SUPERVISOR STROUGH- Explained that this whole process began about three years ago when there was a ground-mounted system in a neighborhood and some of the neighbors found it obtrusive. We didn’t have any codes preventing it, so this was an effort to try and put some regulations on ground- mounted solar. We are going to label it renewable energy systems and facilities regulations because maybe perhaps someday it will be more than solar. Reviewed proposed regulations of law. COUNCILMAN FREER- Clarified for the public that solar farms actually make energy available off-site and the residential and ground-mounted solar will be for on-site use and not for sale, rent or lease off the premises. Thanked Craig Brown for his patience in working with him on this. Also, thanked Catherine Atherden who actually initiated this process when she was on the Town Board. SUPERVISOR STROUGH- Thanked everyone on this Town Board and Town Counsel for working on this; a lot of work went into it. We didn’t want to be overly intrusive but wanted to provide some regulation. OPENED PUBLIC HEARING- NO PUBLIC COMMENT CLOSED PUBLIC HEARING Full Environmental Assessment Form PART 2- Identification of Potential Project Impacts 1. Impact on Land: Proposed action may involve construction on, or physical alteration of the land surface or the proposed site? NO 2. Impact on Geological Features: The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms found on the site? (i.e., cliffs, dunes, minerals, fossils, caves). NO 3. Impacts on Surface Water: The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). NO 4. Impact on Groundwater: The proposed action may result in new or additional use of groundwater, or may have potential to introduce contaminants to the groundwater or an aquifer. NO 5. Impact on Flooding: The proposed action may result in development of lands subject to flooding. NO 6. Impacts on Air: The proposed action may include a state regulated air emission source. NO 7. Impact on Plants and Animals: The proposed action may result in loss of flora or fauna. NO 8. Impact on Agricultural Resources: The proposed action may impact agricultural resources. NO REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 116 9. Impact on Aesthetic Resources: The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. NO 10. Impact on Historic and Archeological Resources: The proposed action may occur in or adjacent to a historic or archaeological resource. NO 11. Impact on Open Space and Recreation: The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in an adopted municipal open space plan. NO 12. Impact on Critical Environmental Areas: The proposed action may be located within or adjacent to a critical environmental area (CEA). NO 13. Impact on Transportation: The proposed action may result in a change to the existing transportation systems. NO 14. Impact on Energy: The proposed action may cause an increase in the use of any form of energy. NO 15. Impact on Noise, Odor, and Light: The proposed action may result in an increase in noise, odors, or outdoor lighting. NO 16. Impact on Human Health: The proposed action may have an impact on human health from exposure to new or existing sources of contaminants. NO 17. Consistency with Community Plans: The proposed action is not consistent with adopted land use plans. NO 18. Consistency with Community Character: The proposed project is inconsistent with the existing community character. NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 9 OF 2020 TO AMEND QUEENSBURY TOWN CODE TO ESTABLISH RENEWABLE ENERGY SYSTEMS AND FACILITIES REGULATIONS RESOLUTION NO.: 320, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Amanda Magee WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 9 of 2020 to amend its Zoning Law to establish renewable energy systems and facilities regulations, and WHEREAS, before the Town Board may amend its Zoning Law, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the proposed Zoning Law amendments to the Warren County Planning Department which by Project Review and Referral Form dated August 21, 2020 found that the Project would not create any significant REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 117 intermunicipal or countywide impacts to the items identified in General Municipal Law §239, and WHEREAS, the Town Board also referred the proposed Zoning Law amendments to obtain a nd recommendation from the Town Planning Board and on September 22, 2020, the Planning Board reviewed the proposed Zoning Law amendments and adopted a Resolution of recommendation to the Town Board as favorable subject to clarification of items submitted by staff in a report to the Town Board, and WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed Zoning Law amendments prior to adoption and by letter dated September 17, 2020, the APA advised that it reviewed the proposed revised Zoning Law amendments and approved them pursuant to the terms of the Town’s Agency-Approved Local Land Use Program, and th WHEREAS, the Town Board duly conducted a Public Hearing on Monday, September 28, 2020 concerning proposed Local Law No. 9 of 2020, heard all interested parties and closed the Public Hearing, and WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 9 of 2020 and found that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board has considered the conditions and circumstances and wishes to consider adoption of Local Law No.: 9 of 2020 (the “legislation,”) presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the legislation, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and adopts Local Law No.: 9 of 2020 – A Local Law Amending Town of Queensbury Zoning Law to Establish Renewable Energy Systems and Facilities Regulations in substantially the form presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 118 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to submit approved Local Law No. 9 of 2020 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 hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of approved Local Law No.: 9 of 2020 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING RESTORATION/ RECONSTRUCTION OF FOSTER AVENUE/UPPER GLEN STREET INTERSECTION BY EDWARD & THOMAS O’CONNOR, INC. RESOLUTION NO.: 321, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Water Superintendent has advised that it is necessary to restore and reconstruct the roadway in the Foster Avenue/Upper Glen Street intersection due to a water main break in th the New York State Right of Way on July 4, 2020, and REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 119 WHEREAS, the Water Superintendent received quotes for such reconstruction work and the lowest quote is from Edward & Thomas O’Connor, Inc., dated September 16, 2020 in the amount of $34,125, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the restoration and reconstruction of the roadway in the Foster Avenue/Upper Glen Street intersection by Edward & Thomas O’Connor, Inc., in accordance with its quote dated September 16, 2020 in the amount of $34,125 substantially in the form presented at this meeting to be paid from Account No.: 040-8340-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT WITH THE WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO.: 322, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by prior Resolution the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 120 WHEREAS, the Town Board wishes to provide funding to the World Awareness Children's Museum in the amount of $3,600 with occupancy tax revenues received from Warren County and accordingly enter into an Agreement with the World Awareness Children’s Museum for the year 2020 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the World Awareness Children’s Museum substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $3,600 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $3,600 and increasing the revenue coded 050-0000- 51113 Occupancy Tax by $3,600, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that each Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 121 RESOLUTION AUTHORIZING ELECTRICAL WORK AT HIGHWAY BUILDING BY HEWITT YOUNG ELECTRIC RESOLUTION NO.: 323, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury Facilities Manager has advised that it is necessary to replace certain aged and defective electrical components at the Town Highway Building, and WHEREAS, the Facilities Manager received quotes for such reconstruction work and the lowest quote is from Hewitt Young Electric dated September 16, 2020 in the amount of $16,600, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the replacement of certain aged and defective electrical components at the Town Highway Building by Hewitt Young Electric in accordance with its quote dated September 16, 2020 in the amount of $16,600 substantially in the form presented at this meeting to be paid from Building Repairs Account No.: 001-1620-4070-0023, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such work shall be by a transfer of $16,600 from the Building and Grounds Department’s undesignated, unassigned Fund Balance Account No.: 001-0000-0909 to Building Repairs Account No.: 001-1620-4070-0023, and the Town Budget Officer shall amend the 2020 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Facilities Manager and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 122 NOES: None ABSENT: None RESOLUTION AFFIRMING CONSISTENCY OF SITE PLANS AS MODIFICATIONS TO THE FOWLER SQUARE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 324, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 438,2015, the Queensbury Town Board determined that the Fowler Square Planned Unit Development (PUD) met the purposes and objectives and all of the provisions and requirements of Article 12 of the Town of Queensbury Zoning Law and therefore approved and enacted the Fowler Square Planned Unit Development District located on property bearing Tax Map Nos.: 289.19-1- 23 through 289.19-1-35 located at the corner of Bay and Blind Rock Roads in the Town, and WHEREAS, by letter dated September 23, 2020, BBL Construction Services, LLC has requested that the Town Board approve its enclosed site plans as modifications to the Fowler Square PUD as the proposed modifications represent a “minor change” and that the Town Board affirm that they are consistent with the Fowler Square PUD previously approved by Resolution No.: 438,2015, and WHEREAS, the Town’s Director of Planning, Zoning and Code Compliance has reviewed the site plans as modifications to be sure they are in compliance with the PUD Ordinance and Fowler Square PUD and has recommended that the Town Board adopt a Resolution affirming that they are consistent with the Fowler Square PUD, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the proposed site plans as proposed modifications submitted by BBL Construction Services, LLC by letter dated September 23, 2020 are consistent with the Fowler Square PUD approved by Town Board Resolution No.: 438,2015, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Planning, Zoning and Code Compliance to deliver a certified copy of this Resolution to BBL Construction Services, LLC and the Town Planning Board and the Town Supervisor and/or Director of Planning, Zoning and Code Compliance take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of September, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 123 AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF SKID STEER LOADER FOR USE BY HIGHWAY DEPARTMENT RESOLUTION NO.: 325, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board approval to purchase a Skid Steer Loader, and WHEREAS, a 232D3 Skid Steer Loader and cab package (Loader) is available through Milton CAT in accordance with the New York State Office of General Services Procurement Services Contract No.: PC66988 for the amount of $74,030.20, minus a trade-in of the Town’s Bobcat 863 (serial #2684655) in the amount of $10,000, for a purchase total of $64,030.20 as set forth in Milton CAT’s quote dated 9/23/2020 presented at this meeting, and WHEREAS, funds for such purchase will be reimbursed to the Town by the New York State Consolidated Local Street and Highway Improvement Program (CHIPS), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the Town Highway Superintendent’s purchase of a 232D3 Skid Steer Loader and cab package (Loader) through Milton CAT as set forth in Milton CAT’s quote dated 9/23/2020 substantially in the form presented at this meeting and in accordance with New York State Office of General Services Procurement Services Contract No.: PC66988 for the amount of $74,030.20, minus a trade-in of the Town’s Bobcat 863 (serial #2684655) in the amount of $10,000, for a purchase total of $64,030.20, to be paid from Heavy Equipment Account No.: 004- 5130-2040, contingent upon the Town being reimbursed for such total amount through the New York State Consolidated Local Street and Highway Improvement Program (CHIPS), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $64,030.20, increase Chips Heavy Equipment Account No.: 004-5130-2040 by $64,030.20, amend the 2020 Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment, and REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 124 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2020 MODEL HV513 INTERNATIONAL 6X4 DUMP, PLOW AND WING TRUCK FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 326, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board approval to purchase a Dump, Plow and Wing Truck, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing County/State Bid and therefore in this instance, the Town of Queensbury is “piggybacking” with Onondaga County Bid #8996 for a 2020 International Model HV513 6x4 Dump, Plow and Wing Truck (Truck), and WHEREAS, such Truck is available through H. L. Gage Sales, Inc., for the total amount of $201,031.86 as set forth in H. L. Gage Sales, Inc.’s quote dated 9/15/2020 presented at this meeting, and WHEREAS, funds for such purchase will be reimbursed to the Town by the New York State Consolidated Local Street and Highway Improvement Program (CHIPS), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent’s purchase of a 2020 International Model HV513 6x4 Dump, Plow and Wing Truck from H. L. Gage Sales, Inc., with the purchase order to be made out to Navastar, Inc., as set forth in H. L. Gage Sales, Inc.’s quote dated 9/15/2020 substantially in the form presented at this meeting and in accordance with Onondaga County Bid #8996, for the total amount of $201,031.86 to be paid from Heavy Equipment Account REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 125 No.: 004-5130-2040, contingent upon the Town being reimbursed for such total amount through the New York State Consolidated Local Street and Highway Improvement Program (CHIPS), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $201,031.86, increase Chips Heavy Equipment Account No.: 004-5130-2040 by $201,031.86, amend the 2020 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 Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 09292020 RESOLUTION NO.: 327, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 09292020 with a run date of 09/24/2020 and a payment date of 09/29/2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 09292020 with a run date of 09/24/2020 and a payment date of 09/29/2020 totaling $279,947.85, 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. REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 126 th Duly adopted this 28 day of September, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee NOES: None ABSENT: None 5.0 CORRESPONDENCE- DEPUTY TOWN CLERK, MELLON-The 2021 Tentative Budget has been received (copies presented to Town Board Members) and filed in the Town Clerk’s Office. 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) WARREN VOLLARO- Spoke regarding an issue he and his neighbors are having with O’Reilly Auto Parts. They are making deliveries at 2:00am five days a week. This is very disruptive. Asked the Board for assistance with remedying the situation. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)- Paving on Sunnyside started today. COUNCILMAN FREER (WARD II)-  Spoke regarding paving on Garrison Road.  Questioned Supervisor Strough on when the Halfway Brook Trail will be usable. Supervisor Strough responded by the end of October. COUNCILMAN FERONE (WARD III)- Commended the Highway Department, they always do a great job. Thanked them for their work on the stormwater projects in ward three. They did a nice job. COUNCILWOMAN MAGEE (WARD IV)- Had the opportunity recently to use the bike trail system with her family. So grateful we have it. SUPERVISOR STROUGH-  Spoke regarding the boat inspection program.  Thanked Pepe Productions, Look TV and our sponsors for televising these meetings.  Thanked all who attended meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 328, 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 28th day of September 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 127 ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I