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09-13-2021 MTG#28 REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 1 REGULAR TOWN BOARD MEETING MTG#28 SEPTEMBER 13TH, 2021 RES#286-306 7:00 P.M. B.H. 48-55 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV, G. STEPHEN THURSTON PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIMOTHY MCNULTY SUPERVISOR STROUGH-Called meeting to order… 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 286, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and moves into the Queensbury Board of Health. th Duly adopted this 13 day of September, 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHELE DRAHUSHUK PUBLICATION DATE: AUGUST 13, 2021 PRESENT CHRIS BELL, IBS SEPTIC, DRAIN SERVICE-NORWECO DISTRIBUTOR FOR WARREN COUNTY, AND MICHELE DRAHUSUK rd The Town Board agreed to take no action at the Town Board Meeting of August 23, 2021. The applicant will come back with a revised pretreatment plan for the Town Board’s consideration. th Supervisor Strough will reopen the public hearing at the September 13, 2021 Town Board Meeting. SUPERVISOR STROUGH-Reviewed Resolution before reopening public hearing. We had asked the applicant to please, consider putting in an ETU system. I want to commend them on putting in a new system. I want to commend them on agreeing to put in a pretreatment or an enhanced treatment unit. The Company is Norweco. They are putting in a Singular Green Bio connect Wastewater Treatment System Model 916. Read specifications from owners Manuel. Does the applicant have anything they would like to add to the description I have given to the system? REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 2 MR. BELL-I think you have done pretty well. The Norweco tanks are made in Norwalk, Ohio. A couple of years ago I knew this was the road we were all going down. Ivan and I did a lot of research. We met with many people. We really liked these people. They have reps that travel all over the Country. If there is a problem with the system, they will fly people in for you. They are a great Company. It is still a family owned Company. Things are built with giant robots; it is interesting. SUPERVISOR STROUGH-Any Town Board questions? COUNCILMAN FERONE-No. It is great that they took our advice. COUNCILMAN MCNULTY-John you gave a great review. I read what you said. I appreciate you going forward to make the changes. SUPERVISOR STROUGH-I will open the public hearing. Any member of the public wish to speak to this application Michele Drahushuk of 1 Chestnut Road. The system she is proposing for the Town Board is four variances that have to be considered by this Town Board to install the system. Seeing no public interest, I will close the public hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING MICHELE DRAHUSHUK’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 43, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Michele Drahushuk (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system with its components proposed to be located as follows: 1. leach field to be 5’ from the south property line and 9.6’ from the north property line in lieu of the required 10’ setback; 2. force main to be 4.5’ from the property line in lieu of the required 10’ setback; 3. leach field to be 79.7’ from Glen Lake in lieu of the required 100’ setback; and 4. septic tank and pump station to be 2’ from the foundation in lieu of the required 10’ setback; on property located at 1 Chestnut 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 public hearings concerning the variance requests on rdth August 23 and September 13, 2021, and REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 3 WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Michele Drahushukr for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with its components to be located as follows: 1. leach field to be 5’ from the south property line and 9.6’ from the north property line in lieu of the required 10’ setback; 2. force main to be 4.5’ from the property line in lieu of the required 10’ setback; 3. leach field to be 79.7’ from Glen Lake in lieu of the required 100’ setback; and 4. septic tank and pump station to be 2’ from the foundation in lieu of the required 10’ setback; on property located at 1 Chestnut Road in the Town of Queensbury and bearing Tax Map No: 289-13-1-5. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF FRANK SINATRA RESOLUTION NO.: BOH 48, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 4 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Frank Sinatra has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater treatment system with its components proposed to be located as follows: 1. absorption bed to be 1’ from the property line in lieu of the required 10’ setback; 2. absorption bed to be 3’ from the property line in lieu of the required 10’ setback; 3. force main to be 3’ from the property line in lieu of the required 10’ setback; 4. absorption bed to be 12’ from the building foundation in lieu of the required 20’ setback; and 5. septic tank to be 6’ from the building foundation in lieu of the required 10’ setback; on property located at 105 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, September 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Frank Sinatra’s sewage disposal variance application concerning property located at 105 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.9-1-4) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MARY E. SHEEHAN IRREV. TRUST RESOLUTION NO.: BOH 49, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 5 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, the Mary E. Sheehan Irrev. Trust (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicant wishes to replace a wastewater system by installing a holding tank system consisting of three (3) holding tanks each with a capacity of 1,500 gallons for a total capacity of 4,500 gallons, thus meeting and exceeding the required total capacity of 3,000 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of the holding tanks: 1. 4’ from the existing home in lieu of the required 10’ setback; 2. 2’8” from the south property line in lieu of the required 10’ setback; and 3. 4’8” from the west property line in lieu of the required 10’ setback; on property located at 80 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, September 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Mary E. Sheehan Irrev. Trust’s sewage disposal variance application concerning property located at 80 Rockhurst Road in the Town of Queensbury and bearing Tax Map No.: 227.13-2-42 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN HAMPSHIRE RESOLUTION NO.: BOH 50, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 6 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, John Hampshire (Applicant) previously applied to the Local Board of Health for variances from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wished to install a new 2,000 gallon septic holding tank in lieu of a sewage disposal system on property situated at 62 Dream Lake Road in the Town of Queensbury and bearing Tax Map No: 279.17-1-10 (property), and WHEREAS, by Resolution No.: BOH 003.2021, the Local Board of Health approved the Applicant’s variance to install the new 2,000 gallon septic holding tank in lieu of a sewage disposal system on the property located at 62 Dream Lake Road in the Town of Queensbury, and WHEREAS, the Applicant has applied to the Local Board of Health for an additional variance from Chapter 136, §136-11 to approve the already installed 2,000 gallon septic holding tank 31.1±’ from the Dream Lake shoreline in lieu of the required 50’ setback, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, September 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Hampshire’s sewage disposal variance application concerning property located at 62 Dream Lake Road in the Town of Queensbury (Tax Map No.: 279.17-1-10) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES : None ABSENT: None RESOLUTION GRANTING ROBERT STEPHENS EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 128 SUNNYSIDE NORTH RESOLUTION NO.: BOH 51, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 7 WHEREAS, by Resolution No.: 176,2019, the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, Robert Stephens (Applicant) previously advised the Town Board, as the Town’s Local Board of Health, that a change of deed for the Applicant’s property occurred on or about August 12, 2020 and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient but the proposed holding tank was not able to be completed within the required six (6) month time period and therefore the Applicant applied for a timeline extension or until August 31, 2021 to install the holding tank and extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town and the Director of Building and Codes Enforcement recommended Town Board approval of this requested extension, and WHEREAS, by Resolution No.: BOH 32,2021, the Town Board authorized and granted Applicant the requested additional time or until August 31, 2021 to complete installation of the holding tank and obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office, and WHEREAS, by letter dated August 31, 2021, the Applicant has advised that due to issues relating to the weight of the holding tank, removal of power lines by National Grid the necessity of a crane from Rozell East, and the Applicant’s leave for military training, the Applicant was unable to st complete installation of the holding tank by August 31 and therefore the Applicant has requested that the Town Board grant him additional time or until the end of 2021 to complete the installation and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 8 RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby st authorizes and grants Robert Stephens additional time or until December 31, 2021 to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 for installation of the holding tank/alterations to his wastewater system located on his property at 128 Sunnyside North, Queensbury and to extend the date on which the $2,000 escrow st deposit shall be automatically forfeited to the Town until such date of December 31, 2021 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. th Duly adopted this 13 day of September, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT :None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF VINCENT O’NEILL RESOLUTION NO.: BOH 52, 2021, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Vincent O’Neill (Applicant) has applied to the Local Board of Health for a variance from Chapter 136 to install a force main 2’ from the property line in lieu of the required 10’ setback on property located at 85 Pilot Knob Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, October 4, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Vincent O’Neill’s sewage disposal variance application concerning property located at 85 Pilot Knob Road in the Town of Queensbury (Tax Map No.: 227.18-1-13; 227.18-1-16) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 9 th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND MARGARET MARKERT RESOLUTION NO.: BOH 53, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, John and Margaret Markert have applied to the Local Board of Health for variances from Chapter 136 to install a wastewater treatment system with its components proposed to be located as follows: 1. absorption bed to be 50’ from Lake George in lieu of the required 100’ setback; 2. absorption bed to be 1’ from the property line in lieu of the required 10’ setback; 3. absorption bed to be 1’ from the property line in lieu of the required 10’ setback 4. force main to be 1’ from the property line in lieu of the required 10’ setback; 5. absorption bed to be 4’ from the building foundation in lieu of the required 20’ setback; 6. reactor tank to be 1’ from the property line in lieu of the required 10’ setback; 7. reactor tank to be 1’ from the building in lieu of the required 10’ setback; 8. septic tank to be 1’ from the property line in lieu of the required 10’ setback; and 9. septic tank to be 1’ from the building in lieu of the required 10’ setback; on property located at 390 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, October 4, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John and Margaret Markert’s sewage disposal variance application concerning property located at 390 Cleverdale Road in the Town of Queensbury (Tax Map No.: 226.8-1-7) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 10 NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROGER AND JOYCE RUBRECHT RESOLUTION NO.: BOH 54, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Roger and Joyce Rubrecht (Applicants) have applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicants wish to install a holding tank system consisting of two (2) holding tanks one with a capacity of 2,000 gallons and one with a capacity of 1,500 gallons, thus meeting the required total capacity of 3,500 gallons, and WHEREAS, the Applicants have also applied for additional variances from Chapter 136 to allow placement of the holding tank(s) 33’ and 34’ from a neighboring well in lieu of the required 50’ setback on property located at 33 Honeysuckle Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, October 4, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Roger and Joyce Rubrecht’s sewage disposal variance application concerning property located at 33 Honeysuckle Lane in the Town of Queensbury and bearing Tax Map No.: 226.19-1-52 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 13 day of September, 2021, by the following vote: REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 11 AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 55, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters back into the Town Board of the Town of Queensbury. th Duly adopted this 13 day of September, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT:None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT -3 MINUTES) No Comment 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ROAD STRIPING WORK OF ATLANTIC PAVEMENT MARKING, INC. RESOLUTION NO.: 287, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the Town Board that certain road striping work in the Town of Queensbury is needed, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing County Bid and therefore in this instance, the Town of Queensbury is “piggybacking” with Warren County Bid #WC7-21, Application of Pavement Markings, with Atlantic Pavement Marking, Inc., for road striping work within the Town of Queensbury, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Highway Superintendent’s engagement of Atlantic Pavement Marking, Inc., for road striping work in the Town of Queensbury in an REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 12 amount up to $26,531.13 as set forth in Atlantic Pavement Marking, Inc.’s 7/19/2021 Proposal presented at this meeting, to be paid for from Account No.: 004-5110-4620, 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 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF THEODORE MEADE AS FULL-TIME SECOND SHIFT CLEANER FOR BUILDING & GROUNDS DEPARTMENT RESOLUTION NO. 288, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that there is a vacant, full-time, second shift Cleaner position in the Building & Grounds Department (Department), and WHEREAS, the Facilities Manager posted availability for the vacant position, reviewed resumes, applications, interviewed candidates and has recommended that the Town Board approve the hiring of Theodore Meade and WHEREAS, the Town Board has considered the Facilities Manager’s request and wishes to approve Mr. Meade’s employment in this position, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Mr. Meade is the father of Blaine Meade, a Highway Department employee, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 13 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities Manager th to hire Theodore Meade as a full-time, second shift Cleaner effective on or about September 14, 2021, contingent upon: 1) Mr. Meade passing his pre-employment physical; 2) the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired; 3) drug and/or alcohol screening; and 4) a twenty-six (26) week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Meade shall be paid at the hourly rate of pay listed in the current CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of September, 2021 by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF ADDITIONAL AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY GRANT FUNDS RESOLUTION NO.: 289, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the New York State Department of Budget (NYS DOB) previously announced the availability of funds through the American Rescue Plan Act (ARPA) to distribute Coronavirus Local Fiscal Recovery Funds (Recovery Funds) to Non-Entitlement Units (NEUs) of local government on behalf of the United States Department of the Treasury and by Resolution No.: 219,2021, the Queensbury Town Board authorized its request for Recovery Funds, and WHEREAS, the Town was notified that it was awarded $2,794,633.02 in Recovery Funds and by Resolution No.: 261, 2021, the Town Board authorized acceptance of such Recovery Funds, and REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 14 WHEREAS, the Town has been notified that it has been awarded an additional allocation of $11,409.83, bringing the Town’s total allocation to $2,806,042.85, and WHEREAS, the Town Board wishes to authorize acceptance of both these additional Recovery Funds as well as any future additional Recovery Funds, if allocated, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the acceptance of an additional allocation of $11,409.83 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant Funds from the New York State Department of Budget, for a total of $2,806,042.85, as well as any future additional Recovery Funds, if allocated, to be used in accordance with the terms and conditions to be set forth by the New York State Department of Budget and/or the Federal Government, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to provide for the increase in revenue in Federal Aid For General Government Purposes Account No. 241-0000-54089, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel, as well as any other associated documentation, and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of August, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2022 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 290, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 15 WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2022 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September th 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2022 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2022 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 291, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2022 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September th 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2022 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 16 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2022 NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT – DUNHAM’S BAY – BENEFIT TAX ROLL RESOLUTION NO.: 292, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2022 North Queensbury Wastewater Disposal District – Dunham’s Bay - Benefit Tax Roll as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September th 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2022 North Queensbury Wastewater Disposal District – Dunham’s Bay Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 17 2022 GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 293, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2022 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September th 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2022 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th . Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2022 RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 294, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 18 WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2022 Reservoir Park Sanitary Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September th 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2022 Reservoir Park Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2022 SOUTH QUEENSBURY – QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 295, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed 2022 South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk’s Office and also on the Town’s website, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 19 RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September th 27, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2022 South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM FOR A PLUG-IN HYBRID OR FULLY-ELECTRIC ALL- WHEEL DRIVE SPORT UTILITY VEHICLE FOR BUILDING AND CODES DEPARTMENT RESOLUTION NO.: 296, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) wishes to purchase a 2021 or 2022 Plug-In Hybrid or Fully-Electric All-Wheel Drive Sport Utility Vehicle (Vehicle) as a replacement vehicle for his Department’s 2012 Ford Escape (Town Asset #8962), as will be described in specifications to be prepared by the Director and/or Purchasing Agent, and WHEREAS, the Town wishes to purchase such Vehicle through the New York State Office of General Services Procurement Program or through local bid, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Queensbury Purchasing Agent to provide the specifications for a 2021 or 2022 Plug-In Hybrid or Fully-Electric All-Wheel Drive Sport Utility Vehicle (Vehicle) to the New York State Office of General Services Procurement Program, and REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 20 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Purchasing Agent to publish an advertisement for bids for the Vehicle as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF TYSON CONVERSE AS DEPUTY FIRE MARSHAL RESOLUTION NO. 297, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement has advised that the Town’s current Deputy Fire Marshal intends to retire from the Town by the end of 2021, and WHEREAS, the Town Board wishes to authorize the hiring of a Deputy Fire Marshal in order to ensure ample training time before the Town’s current Deputy Fire Marshal retires, and WHEREAS, the Director of Building and Codes Enforcement and/or Fire Marshal posted availability for the position, reviewed resumes, interviewed interested candidates and have made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Tyson Converse as a full-time Deputy Fire Marshal effective on or about September 20, 2021 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, drug and/or alcohol screening, and Mr. Converse’s successful REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 21 completion of a six (6) month probationary period, with such appointment to be on a provisional basis until such time as Mr. Converse places successfully on the Civil Service exam for the position, meets all Civil Service requirements for the position and passes all New York State Building and Fire Codes classes, and BE IT FURTHER, RESOLVED, that Mr. Converse shall be paid an annual salary of $47,500, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Director of Building and Code Enforcement, Fire Marshal and/or Town Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate all terms of this Resolution. th Duly adopted this 13 day of September, 2021 by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF RONALD DUFOUR FROM MOTOR EQUIPMENT OPERATOR (MEO) TO HEAVY EQUIPMENT OPERATOR (HEO) IN HIGHWAY DEPARTMENT RESOLUTION NO. 298, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Highway Superintendent has advised that there is currently a vacancy in a Heavy Equipment Operator (HEO) position in the Town Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position, and WHEREAS, Ronald Dufour, a current Motor Equipment Operator (MEO) within the Department, has requested a promotion to the position, and WHEREAS, the Highway Superintendent recommends that the Town Board authorize the promotion of Ronald Dufour from MEO to HEO as Mr. Dufour has met the qualifications and has the required job experience for the position, and REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 22 WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Ronald Dufour from Motor Equipment Operator (MEO) to Heavy Equipment Operator (HEO) in the Town Highway th Department effective on or about September 14, 2021 at the rate of pay specified in the Town’s CSEA Union Agreement for the HEO position, subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of September, 2021 by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE CONKLING CENTER RESOLUTION NO.: 299, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into certain community service Agreements with certain organizations for the provision of certain community-based services and benefits, and WHEREAS, the Town of Queensbury has received an application for such funding from The Conkling Center and wishes to enter into an Agreement and provide funding, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a Community Service Agreement between the Town and The Conkling Center and funding in the amount of $10,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, and REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 23 BE IT FURTHER, RESOLVED, that funding for such Agreement shall be paid for from the appropriate Town account as may be determined by the Town Supervisor and/or Town Budget Officer. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NATIONAL BUSINESS EQUIPMENT FOR NEW MACHINE IN TOWN ASSESSOR’S OFFICE RESOLUTION NO.: 300, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 69,2015, the Queensbury Town Board authorized a Lease Agreement for office equipment with National Business Equipment, and WHEREAS, the Town wishes to enter into an additional Lease Agreement pertaining to a new Kyocera Mita Model Taskalfa 6053ci machine to be located in the Town Assessor’s Office, and WHEREAS, such proposed Lease Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Lease Agreement between the Town of Queensbury and National Business Equipment substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Lease Agreement and any other necessary documentation and authorizes and directs the Town Supervisor, Town Budget Officer, Town Assessor and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 24 th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT HACKER BOAT COMPANY, INC.’S PETITION FOR CHANGE OF ZONE APPLICATION TO QUEENSBURY PLANNING BOARD AND SEEKING SEQRA LEAD AGENCY STATUS RESOLUTION NO.: 301, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Hacker Boat Company, Inc. (Hacker) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 1, 2021 to allow for the addition of Commercial Boat Sales/Storage/Service as an allowable use by Site Plan Review in the Commercial Light Industrial Zoning District, and WHEREAS, the application has been reviewed by the Town Senior Planner and deemed complete for purposes of review, and WHEREAS, applications for zoning changes are subject to Warren County Planning Department review in accordance with §239-m of the New York State General Municipal Law, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board will review the application and take such other action as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA) for potential environmental effects, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 25 RESOLVED, that the Queensbury Town Board hereby declares its intent to seek Lead Agency status for SEQRA review of the proposed zoning change requested by the Hacker Boat Company, Inc. (Hacker) as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward Hacker's application received by the Town Clerk's Office on or about September 1, 2021 to the Queensbury Planning Board for review, report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit the application to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town's Department of Community Development to notify, if and when appropriate, any other Involved Agencies of the Town Board's intent to serve as Lead Agency for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. th Duly adopted this 13 day of September, 2021 by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF LUTZ, SELIG & ZERONDA, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS TO AUDIT TOWN FIRE COMPANIES AND EMERGENCY SQUADS FOR YEARS ENDING 2021 - 2023 RESOLUTION NO.: 302, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No: 46,2019, the Queensbury Town Board authorized engagement of the services of Lutz, Selig & Zeronda, Certified Public Accountants and Consultants (LS&Z) to audit the REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 26 statements of financial position and related statements of activities, functional expenses and cash flows, of the Town of Queensbury’s Fire Companies and Emergency Squads records, and also prepare the Federal Return of the Organizations Exempt From Income Tax (Form 990) and appropriate State Tax Returns, for the years ended 2019 - 2020, and WHEREAS, LS&Z has submitted a letter proposal dated August 5, 2021 to extend their services for the years ending 2021-2023, and WHEREAS, the Town Board and Town Budget Officer have been satisfied with the services of LS&Z and the Town Board therefore wishes to authorize the extension of such services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the extension of the services of Lutz, Selig & Zeronda, Certified Public Accountants and Consultants (LS&Z) to audit the Town’s Fire Companies and Emergency Squads records and provide tax services for the years ended 2021 - 2023 for amounts not to exceed:  $33,500 for the year ending 2021;  $33,500 for the year ending 2022; and  $33,500 for the year ending 2023; as set forth in LS&Z’s August 5, 2021 letter proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for these services shall be paid for from Account No.’s: 005-3410-4401- 4980 and 005-3410-4401-4981, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement or documentation and the Town Supervisor, Budget Officer and/or Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 27 ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK CIVIC CENTER COALITION, INC. RESOLUTION NO.: 303, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury has received a request for sponsorship and funding from the Adirondack Civic Center Coalition, Inc., whereby the Town would receive a sign for the 2021-2022 season inside the Cool Arena for all events, which would in part promote the Town of Queensbury, City of Glens Falls and their businesses and amenities at various events, such funds to be from Warren County occupancy tax revenues received by the Town, and WHEREAS, such events will help to attract a significant number of people to the Town of Queensbury, City of Glens Falls and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Civic Center Coalition, Inc., in the amount of $4,500 for sponsorship with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Adirondack Civic Center Coalition, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding $4,500 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 REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 28 BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows:  Revenue Acct No. –050-0000-51113 Occupancy Tax Revenue $4,500;  Expense Acct. No. – 050-6410-4412 Use of Occupancy Tax $4,500; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT:None RESOLUTION AUTHORIZING AWARD OF BID FOR DEMOLITION OF STRUCTURE ON PROPERTY LOCATED AT 32 HOMER AVENUE RESOLUTION NO. 304, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, a fire occurred at a structure on property located at 32 Homer Avenue in the Town of Queensbury (Property) and the Town’s Director of Building and Codes Enforcement (Director) viewed the damaged structure and found it to be a hazard, in disrepair, unusable and unsafe, and WHEREAS, after the owner failed to voluntarily raze the structure, the Town duly commenced a State Supreme Court Action to compel compliance with all applicable Town and State Code provisions and by Judgment dated May 4, 2021, Supreme Court authorized the Town to remove the structure if the property owner failed to do so, and WHEREAS, the Director advised that the property owner did not remove the structure within the time specified by the Court and therefore recommended Town Board authorization to advertise for bids to demolish the structure in accordance with the terms of the Judgment, and REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 29 WHEREAS, by Resolution No.: 240,2021, the Town Board authorized and directed the Town’s Purchasing Agent to publish an advertisement for bids for demolition of the structure as were more clearly specified in bid specifications prepared by the Spectrum Environmental Associates, Inc., the Town Purchasing Agent, Director and/or Town Counsel and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, and WHEREAS, the Purchasing Agent published such advertisement for bids and on September 1, 2021, duly received and opened all bids, and WHEREAS, the Director and Purchasing Agent have recommended that the Town Board authorize the bid award to the lowest responsible bidder, Dan’s Hauling & Demo, Inc., for the bid amount of $31,500, NOW, THEREFORE, BE IT RESOLVED that award of the bid at issue and the subsequent demolition constitute an Unlisted Action pursuant to the State Environmental Quality Review Act and, after conducting uncoordinated review, the Queensbury Town Board hereby finds that there are likely to be no significant adverse environmental impacts resulting from this Action and issues a SEQRA Negative Declaration, and BE IT FURTHER, RESOLVED that the Town Board hereby accepts and awards the bid for the demolition of the structure on property located at 32 Homer Avenue from the lowest responsible bidder, Dan’s Hauling & Demo, Inc., for the bid amount of $31,500, and BE IT FURTHER, RESOLVED, that Dan’s Hauling & Demo, Inc., shall provide the Town Budget Officer with all required certificates of insurance in form acceptable to the Town before commencement of the demolition work, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 30 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement and/or documents related to the bid award in a form acceptable to the Town Supervisor, Director of Building and Codes Enforcement, Town Budget Officer, Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payments for such demolition shall be paid from Account No.: 001-3650-4400 Demolition – Misc. Contractual and assessed by the Town Board against the real property in accordance with the Warren County Supreme Court Judgment dated May 4, 2021, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer $31,500 from the General Fund Undesignated, Unappropriated Fund Balance to Account No.: 001-3650-4400 Demolition – Misc. Contractual, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes, Town Purchasing Agent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None SHORT ENIVRONMENTAL ASSESSMENT FORM Short Environmental Assessment Form Part 2 – Impact Assessment 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No 2. Will the proposed action result in a change in the use or intensity of use of land? No 3. Will the proposed action impair the character or quality of the existing community? No 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No 7. Will the proposed action impact existing: a. public/private water supplies? No B. public/private wastewater treatment utilities? No REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 31 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No 11. Will the proposed action create a hazard to environmental resources or human health? No RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS: 09022021 AND 09142021 RESOLUTION NO.: 305, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants: 09022021 and 09142021 with run dates of 09/02/2021 and 09/09/2021 and payment dates of 09/02/2021 and 09/14/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 09022021 and 09142021 with run dates of 09/02/2021 and 09/09/2021 and payment dates of 09/02/2021 and 09/14/2021 totaling $344,554.67 and $979,060.12 respectively, 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 13 day of September, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES :None ABSENT :None 4.0 CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Supervisor’s Report for Community Development and Building and Codes for August 2021. On file in Town Clerk’s Office. 5.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES) No Comment 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)  Spoke regarding his best friend, neighbor, and member of the Community and Bay Ridge Fire Department who recently passed away due to COVID. If you have not been vaccinated yet, please consider being vaccinated. REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 32 COUNCILMAN FREER (WARD II)  Encouraged people to get vaccinated for COVID. There is a lot of data out there that says it is the right thing to do.  It looks like the five to eleven year olds vaccinations will be available for Pfizer as soon as next month.  Spoke regarding the Climate Smart Community noting they are working hard on this. They delayed the training for our Code Enforcement Officers by a month. We would have to adopt the goals in order to get credit for being a Climate Smart Community. I do not expect that we will put this forward on given the new training. We are still working on a bunch of different Climate Smart things. We will continue to do that. th  Congratulated Town Counsel, Mark Schachner on his 100 Triathlon. Very impressive stay healthy. COUNCILMAN FERONE (WARD III)  Spoke regarding COVID in the Community. COUNCILMAN MCNULTY (WARD IV)  Schools are opened for drivers out there, be considerate. School buses are back on the roads. Just make sure you follow the State Law. Stop for the buses.  Spoke regarding the Budget noting there is a lot of work being done by the Town Staff and Budget th Officer Tierney on next year’s budget. We have a Workshop on October 13, 2021. If there, are any residents interested or want to discuss their budget concerns please take advantage of that day to come and address the Board.  Short Term Rental Committee Meeting on September 22, 2021. Looking forward to a good discussion with the Committee on ways to go ahead. We will also be talking about Short Term Rentals at the Town Board Workshop on September 22, 2021. SUPERVISOR STROUGH  Thanked Ann Kokosa for all her volunteerism regarding the Queensbury Senior Citizens. Stephanie Smith will be the new Director for the Queensbury Senior Citizens.  Warren County Public Health Rabies Clinics. Saturday, September 18, 2021 at the Queensbury th Activity Center from ten to noon. Saturday, October 9, 2021 at the North Creek Johnsburg Dog, Park th ten to noon Saturday, November 6, 2021 at the Queensbury Activity Center from ten to noon. Pets must be 3 months of age to receive their first immunizations, which will afford them protection for one year. The next shot the booster shot will afford them protection for 3 years. From then on, every 3 years a booster shot will be given to protect your pet. Only a $10.00 donation is requested.  The Town of Queensbury grew 4.5 percent in the last decade according to the most recent census report. There are 29,169 people in Queensbury.  Warren County Human Health Services Building you can get your COVID shot from five to seven. Take a Bite, downtown Glens Falls on Wednesday night five to seven. Food Truck Friday at Brant Lake Town Hall from five to seven.  Read Article 7, Section 109 of the Agriculture & Markets Law requires any and all dogs over the age of four months to be licensed with the municipality they reside in. All dogs residing in Queensbury must be licensed. These licenses can be purchased at the Town Clerk’s Office where each dog is issued an identifiable numeric tag. Residents must provide a current rabies certificate when applying for the license. If a dog cannot be given a rabies shot for health reasons, a certified statement from a licensed veterinarian stating such is required. Dog license are valid for one year. The license renewals are mailed directly to the dog owner one month prior to the year’s expiration. You can now renew your dog license online as long as the rabies vaccination is current in the Town’s database. Kindly call the Queensbury Town Clerk’s Office if you have any questions, concerns or need to update your dog’s records. Please be aware, delinquent dog license are subject to a $100.00 fine as required by the Queensbury Town Code.  LGA, which is now a combination of the Fund for Lake George is appreciating the effort that Lake George area businesses are doing for the lake. Kathy Munsel, CEO for Fort William Henry is heading the program Step Up For Our Lake.  Thanked Look TV, Steve Thurston RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 306, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, MTG#28, 09-13-2021 33 SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 13 day of September, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY CLERK II