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04-18-2022 MTG #12 Regular Town Board Meeting, 04-18-2022, MTG 912 530 REGULAR TOWN BOARD MEETING MTG#12 APRIL 18, 2022 RES. #146-166 7:00 P.M. BOH #33-38 TOWN BOARD MEMBERS PRESENT SUPERVISOR STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON TIM MCNULTY 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 146, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 181h day of April, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None PUBLIC HEARING—Sewage Disposal Variance Application of Roseanne Weissel PUBLICATION DATE: April 8, 2022 SUPERVISOR STROUGH reviewed proposed two variance requests. QUINN ROESCH-I am Quinn Roesch with Studio A, here to represent Roseanne Weissel. So, like you said, I am here to request the approval of the septic variances for a proposed holding tank and a well on this property. The property is located on the east side of Warner Bay. It's currently developed with a two bedroom house and one bedroom storage shed, so that's a total of three bedrooms. The site is currently serviced by a wastewater treatment system consisting of some form of a seepage pit of unknown capacity. The site was formerly serviced by a shared serviced water extraction line from Lake George and they shared it with the northern adjoining property. That property owner has since retracted that shared line so the property now has no potable water service. So the property owner has requested that she gets a drilled well versus extraction from the surface water. The property right now it slopes down from the east to Lake Regular Town Board Meeting, 04-18-2022, MTG 912 531 George. It's kind of gradual towards the road but then as you get towards the house, there's a lot of exposed bedrock and very steep slopes and then after the house, there's also extremely steep slopes and exposed bedrock. So that's why we're proposing the use of holding tanks because it's not exactly feasible to install a subsurface system for this site. The holding tanks present a better alternative than seepage pits that is already there. The area that we're putting the proposed well, it's towards the road and we have two septic systems on both sides of the property. On the northern side, that's the one that we're requesting the variance for, it's less than a hundred feet away. Matt has talked with, or he did talk with Dave Hatin about this one. They're pretty certain that it's about ninety feet away from where we are proposing the well but they couldn't get a hold of the property owners. After several attempts to identify it in the field, so we're requesting a variance for seventy foot variance just to cover,you know conservatively whereever that field might be. But we do cover the hundred feet requirement from the adjoining property on the south. And then also from a holding tank, you only need fifty feet and we do cover that for the proposed well and the proposed holding tanks. And then the other variance that we're requesting is for the holding tanks. They usually have to be within the subsurface of native material but based on the bedrock and the steep slopes on this property, that wasn't feasible again. So, we're requesting a variance to install a retaining wall for the holding tanks. And those holding tanks, they're thirty-five hundred gallons total and based on the three bedrooms, we would only need about twenty-three hundred gallons. So, it's way above the capacity that it's required. And also, those are equipped with an alarm system so as soon as it hits the pumping level, that alarm goes off and there's also another alarm that's set just in case there's any above like, right below that outlet, there's an alarm right there so they know that they really need to pump it then. SUPERVISOR STROUGH-Okay. TOWN CLERK BARBER-Can I get your name one more time? I am sorry. MS. ROESCH-Quinn Roesch, with Studio A. r o e s c h. SUPERVISOR STROUGH-Thank you. Before I open the public hearing, are there any questions from the Town Board members for the agent for the applicant? COUNCILMAN MCNULTY-Just for clarification. We visited the site today. When you speak to the holding tanks in vicinity to the road, is that Pilot Knob or are you putting them up closer to Hannaford? MS. ROESCH-We are putting them closer to Pilot Knob. COUNCILMAN MCNULTY-Okay, that makes more sense. MS. ROESCH-Yes, they are like after the house and then the retaining wall will hold them up essentially. That's just so that we can maintain the fifty foot separation with the well that we are proposing. COUNCILMAN MCNULTY-And John, you were going to bring up the well issue? SUPERVISOR STROUGH-Well I did, I kind of looked at her and she said that Dave Hatin seems to think that she needs a variance for that. Because it's kind of a quirk in the law, at least in our law that if you're going to put a filtration bed in, septic system, it has to be so many feet from the well and that's to protect the integrity of the well. But if you put your infiltration bed in and you have no well, you go ahead and put your infiltration bed in. There's no regulations on where you put the well, if you do it the other way. It doesn't make sense but if you want to get into laws that don't make sense we'll be here a long time. COUNCILMAN FERONE-Question, and this would be like for you to ask the applicant, in that the well that they're proposing is only going to be seventy feet from an absorption field. Are they going to put like a UV or anything on that water to make sure that they don't have any contamination? MS. ROESCH-I don't believe so just based on its location, being up gradient from that system, I don't think that's a concern at this point. Matt Huntington from our office, he worked with Dave Regular Town Board Meeting, 04-18-2022, MTG 912 532 and they are pretty confident that it's ninety feet away so I think they are a little more comfortable with that distance. COUNCILMAN FERONE-And do you perceive any problems with getting those tanks pumped out? With the folks having to get up that hill, it's pretty steep there. MS. ROESCH-I don't believe so because I think that was a big factor of installing the holding tanks and then also not putting a field maybe closer to the Hannaford Road. Just because, like installing pipe or anything on those slopes, so that was definitely considered in the whole design. COUNCILMAN FERONE-Okay, thank you. SUPERVISOR STROUGH-Anybody present like to speak to this application? Anybody on zoom? COUNCILMAN MCNULTY-Just Stu at this time. SUPERVISOR STROUGH-Okay, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING ROSEANNE WEISSEL'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 33,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,Roseanne Weissel(Applicant)filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install a holding tank system consisting of two (2) holding tanks, one with a capacity of 1,500 gallons and one with a capacity of 2,000 gallons, for a total capacity of 3,500 gallons, thus meeting the required minimum capacity of 3,500 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow the: 1. well to be located approximately 70' from a neighboring wastewater absorption field in lieu of the required 100' setback; and 2. holding tanks to be buried behind a retaining wall due to site constraints in lieu of being buried under natural grade within a 50' radius of the installation; on property located at 75 Hanneford in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, April 18'', 2022, and Regular Town Board Meeting, 04-18-2022, MTG 912 533 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 Roseanne Weissel for variances from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of two (2) holding tanks, one with a capacity of 1,500 gallons and one with a capacity of 2,000 gallons, for a total capacity of 3,500 gallons, thus meeting the required minimum capacity of 3,500 gallons and allow the: 1. well to be located approximately 70' from a neighboring wastewater absorption field in lieu of the required 100' setback; and 2. holding tanks to be buried behind a retaining wall due to site constraints in lieu of being buried under natural grade within a 50' radius of the installation; on property located at 75 Hanneford in the Town of Queensbury and bearing Tax Map No: 227.18- 1-37, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Regular Town Board Meeting, 04-18-2022, MTG 912 534 Duly adopted this 18'h day of April, 2022, 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 Betty Spawn PUBLICATION DATE: April 8, 2022 SUPERVISOR STROUGH reviewed proposed three variance requests. TOM HUTCHINS-Good evening Board. Tom Hutchins here on behalf of owner applicant Betty Spawn. We looked at it briefly today. I think it's pretty evident that this is the best location on the site for absorption field and utilize an enhanced treatment system, pump station and ultraviolet disinfection on the existing water supply well. So, with that, I guess I will turn it over to the Board for comments. I would note that again, you mentioned it but the property line setback variances are actually to the fill surrounding the wastewater system. The field itself actually meets the ten feet, the ten and ten. SUPERVISOR STROUGH-Questions for the applicant's agent, Town Board? Okay, did you describe the kind of system that you're putting in? MR. HUTCHINS-It's NSF-40 enhanced treatment unit, Fuji manufacturer, CE modify which are good for up to 500 gallons a day. This is an aerobic treatment unit. It provides a high degree of pretreatment prior to introduction to the disbursement field. SUPERVISOR STROUGH-I thought that was important so thank you. Alright, any additional questions from Town Board before I open for public comment? Anybody present wish to speak to this application? Anybody on Zoom? COUNCILMAN MCNULTY-No sir. SUPERVISOR STROUGH-Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING BETTY SPAWN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 34,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Betty Spawn (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance,Chapter 136 to install a new enhanced treatment on-site wastewater treatment system with certain components of it to be located as follows: 1. Absorption field toe of fill to be 2' from the northerly property line in lieu of the required 10' setback; 2. Absorption field toe of fill to be 1' from the easterly property line in lieu of the required 10' setback; and 3. Absorption field toe of fill to be 76' from the well and absorption bed to be 83.7' from Regular Town Board Meeting, 04-18-2022, MTG 912 535 the well in lieu of the required 100' setback(s); on property located at at 26 Knox Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, April 18'', 2022, 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 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 Betty Spawn for variances from the Sewage Disposal Ordinance to install a new enhanced treatment on-site wastewater treatment system with certain components of it to be located as follows: 1. Absorption field toe of fill to be 2' from the northerly property line in lieu of the required 10' setback; 2. Absorption field toe of fill to be 1' from the easterly property line in lieu of the required 10' setback; and 3. Absorption field toe of fill to be 76' from the well and absorption bed to be 83.7' from the well in lieu of the required 100' setback(s); on property located at at 26 Knox Road in the Town of Queensbury and bearing Tax Map No: 239.7- 1-22, and BE IT FURTHER, Regular Town Board Meeting, 04-18-2022, MTG 912 536 RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the 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, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 18'h day of April, 2022, 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 MORGAN STRITSMAN RESOLUTION NO.: BOH 35,2022 INTRODUCED BY: Mr. Timothy McNulty 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, by Resolution No.: BOH 80,2021, the Local Board of Health approved the application of Morgan Stritsman (Applicant) for variances from the Sewage Disposal Ordinance for installation of a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 71' from the well instead of the required 100' setback; 2. Enhanced Treatment Unit to be 4' from the foundation instead of the required 10' setback; 3. Pump Tank to be 3' from the foundation instead of the required 10' setback; 4. Wastewater Absorption Field to be 11' from the foundation instead of the required Regular Town Board Meeting, 04-18-2022, MTG 912 537 20' setback; and 5. Wastewater Absorption Field to be 7' from the property line instead of the required 10' setback; on property located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 240.9-1-6, and WHEREAS,the Applicant has advised that when Applicant's contractor was on site to begin construction and during the preliminary stake-out,it was determined that the proposed system requires an additional variance and therefore the Applicant has applied for an additional variance from Chapter 136 to install the Wastewater Absorption Field 84' from Lake George instead of the required 100' setback, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing on Monday, May 2nd, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Morgan Stritsman's sewage disposal variance application concerning property located at 19 Private Road 41, Queensbury (Tax Map No.: 240.9-1-6) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500' of the applicant's property as required by law. Duly adopted this 18d'day of April, 2022, 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 MICHAEL CRAFT RESOLUTION NO.: BOH 36,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 Regular Town Board Meeting, 04-18-2022, MTG 912 538 Ordinance, and WHEREAS, Michael Craft has applied to the Local Board of Health for variances from Chapter 136 to make modifications to an existing septic system with components proposed to be located as follows: 1. dispersal location to be 55' from the neighbor's drinking water well in lieu of the required 100' setback; 2. dispersal location to be 6' from the property line in lieu of the required 10' setback; 3. dispersal location to be 5' from the dwelling which does not have a basement in lieu of the required 20' setback; 4. treatment tank and pumping station to be 3' from the dwelling in lieu of the required 10' setback; and 5. treatment tank and pumping station to be 2.8' from the property line in lieu of the required 10' setback; on property located at 309 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 Monday, May 2nd, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michael Craft's sewage disposal variance application concerning property located at 309 Cleverdale Road in the Town of Queensbury (Tax Map No.: 226.12-1-9) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 18d'day of April, 2022, 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 CHRISTOPHER AND EVA DETMER RESOLUTION NO.: BOH 37,2022 Regular Town Board Meeting, 04-18-2022, MTG 912 539 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, Christopher and Eva Detmer have applied to the Local Board of Health for a variance from Chapter 136 to install a leaching system 73.9' from a wetland in lieu of the required 100' setback on property located at 70 Browns Path in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, May 2nd, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Christopher and Eva Detmer's sewage disposal variance application concerning property located at 70 Browns Path in the Town of Queensbury (Tax Map No.: 296.11- 1-9) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 18d'day of April, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 38,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 18d'day of April, 2022, by the following vote: Regular Town Board Meeting, 04-18-2022, MTG 912 540 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) SUPERVISOR STROUGH reviewed proposed resolutions 3.1 through 3.19. No public comment 3.0 RESOLUTIONS ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION #2 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE TIDAL WAVE AUTO SPA LOCATED AT 708 QUAKER ROAD, QUEENSBURY RESOLUTION NO.: 147,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708 Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map,Plan and Report(Map,Plan and Report)has been prepared by Pennoni Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer District Extension 42 (Extension 42)to connect the proposed Property to the existing Greater Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension 42, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, Part I of a Short Environmental Assessment Form has been prepared and Regular Town Board Meeting, 04-18-2022, MTG 912 541 presented at this meeting and the engineer indicates that it is an Unlisted Action and the Action will undergo an Uncoordinated Review, NOW, THEREFORE, IT IS HEREBY ORDERED: I. The boundaries of the proposed Extension 42 are as set forth in the Map, Plan and Report and as follows: All that tract or parcel of land, situate in the Town of Queensbury, County of Warren and State of New York, bounded and described as follows: Beginning at a point in the southerly highway boundary of Quaker Road (County Route 70)at its intersection with the property division line between lands n/f Garvey Partnership, as described in Book 5351 of Deeds at Page 45, on the east, and lands n/f of Smart Wash of S.G.F.,LLC as described in Book 5946 of Deeds at Page 272, on the west,thence south 31002'07" west, a distance of 300.00 feet to a point at its intersection with the property division line between lands n/f of Switchco LLC, as described in Book 4542 of Deeds at Page 217, on the east, and said lands of Smart Wash of S.G.F., LLC, on the west, thence south 09057'38" west, a distance of 440.97 feet to a point on the northerly highway boundary of Dix Avenue (County Route 42), thence north 80 002'23" west, along said highway boundary a distance of 158.66 feet to a point at its intersection with the property division line between lands n/f of E. James Barrett& William M. Barrett, as described in Book 1209 of Deeds at Page 320, on the west, and said lands of Smart Wash of S.G.F., LLC, on the east, thence along said property division line the following three (3) courses and distances: (1) Along a curve to the right having a radius of 50.00 feet, an arc length of 78.54 feet, a chord bearing of north 35002'22"west, a chord distance of 70.71 feet to a point, (2) North 09057'37" east, a distance of 471.38 feet to a point, (3) North 31002'07" east, a distance of 300.00 feet to a point on the first mentioned southerly highway boundary of Quaker Road, thence south 58057'53" east, along said highway boundary a distance of 223.62 feet to the point or place of beginning. CONTAINING 166,952 SQUARE FEET OR 3.833 ACRES, MORE OR LESS This description is based upon a survey entitled "Alta/NSPS Land Title Survey 708 Quaker Road TM4303.15-1-12 Town of Queensbury, Warren County, State of New York,"prepared by Control Point Associates, Inc., PC, dated January 21, 2021. This property may be subject to the restrictions, covenants and/or easements either written or implied. 2. The proposed improvements consist of a new sewer main being installed within the public right of way. The TWAS will connect to the existing manhole in the Dix Avenue right of way situated at the southwest corner of the TWAS property on the south side of Dix Avenue. The site connection will be via an 8"gravity sewer lateral and the existing pump station and force main on site will be abandoned. Regular Town Board Meeting, 04-18-2022, MTG 912 542 3. The facilities for this Sanitary Sewer District Extension to be constructed and capital costs associated with this Extension 42 are estimated to be approximately $134,300 to be paid for by TWAS. The cost of hook-up is included in the construction costs. There will be no cost to the Town. TWAS will be required to dedicate all infrastructure and take actions to transfer their interest to the satisfaction of the Town Water Superintendent/Wastewater Director and Town Counsel. 4. The estimated annual cost of the Extension 42 to the developed parcel would be calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also available on the Town of Queensbury Website: w.w.w..queensbury a. There is no "typical property" which is a one or two family home in such proposed District as the one commercial lot/subject property is the only property in this Extension 42 and the "typical property." The cost of operation and maintenance would include the costs to operate, maintain, and supply the sewer system and is reflected in sewer rent charges. Based on an estimated annual usage of 3.6 million gallons per year and an existing operation and maintenance rate of $7.00 per 1,000 gallons, the TWAS yearly amount would be $25,200 per year, paid quarterly. The Town also imposes a property's share of the Greater Queensbury Consolidated Sanitary Sewer District's debt service using a benefit tax. The estimated units are 68.87 acre units which would result in an estimated benefit tax of $1,542. The calculation of $25,200 annually plus the benefit tax would come to approximately $26,742 annually. The TWAS property is the only property in this Extension 42 so it is the mode/typical property. 5. The Developer of the Property will pay all costs of the improvements including the one-time buy-in cost and Town connection fee, so there will be no financing required by the Town on behalf of the District or otherwise. 6. A detailed explanation of how the estimated costs of the Extension 42 were computed is included in the Map,Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, May 2nd, 2022 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly Regular Town Board Meeting, 04-18-2022, MTG 912 543 publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two(2)Affidavits of Publication of Notice and two(2)Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 10. The Town Board hereby declares that this action is an Unlisted Action pursuant to 6 NYCRR 617 et. seq., and will perform uncoordinated review of this Project. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 148,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-0000-0909 Fund Balance 001-1440-4720 Consultant 30,000 001-0000-0909 Fund Balance 001-5132-4500 Nat Gas 100,000 Duly adopted this 18'h day of April, 2022 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 PURCHASE OF TRUCK FOR TRANSFER STATION DEPARTMENT Regular Town Board Meeting, 04-18-2022, MTG 912 544 RESOLUTION NO.: 149, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Resolution No.: 97, 2022, the Town of Queensbury's Purchasing Agent provided specifications to the New York State Office of General Services Procurement Program and published an advertisement for bids for a 2021 or newer one(1)ton four- wheel drive dump truck with a plow for the Transfer Station Department to replace a year 2007 Chevy Silverado (Town Asset No.: 8709), and WHEREAS, on April 1st, 2022 the Purchasing Agent received bid information for the Truck from the New York State Pro Vehicle Market Place, and WHEREAS, the Transfer Station Supervisor and Purchasing Agent reviewed the bid information and have recommended that the Town Board authorize the bid award for a 2022 F- 350 Chassis 4x4 SD regular cab 14" WB DRW XL truck to the only and therefore lowest, responsible bidder, Lithia Motors, Inc., for a total amount not to exceed $71,575, and WHEREAS, the Transfer Station Supervisor has requested authorization to purchase needed ancillary equipment to make the truck Transfer Station Department ready for a total amount not to exceed $2,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a 2022 F-350 Chassis 4x4 SD regular cab 14" WB DRW XL truck to the only and therefore lowest, responsible bidder, Lithia Motors, Inc., for a total amount not to exceed $71,575, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Transfer Station Supervisor to purchase needed ancillary equipment to make the truck Transfer Station Department ready for an additional amount not to exceed $2,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be by a transfer of$73,575 from the undesignated, unassigned Fund Balance No.: 009 to Vehicles Account No.: 009-8160-2020 and the Town Budget Officer shall amend the 2022 Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment, and Regular Town Board Meeting, 04-18-2022, MTG 912 545 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the truck being replaced in the Transfer Station Department identified as a 2007 Chevy Silverado, Town Asset No: 8709, and deposit any sales proceeds into the appropriate revenue account(s)in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Transfer Station Supervisor, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 181h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER JACKSON LASARSO AS REGULAR MEMBER OF TOWN PLANNING BOARD RESOLUTION NO.: 150,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS,by Resolution No.: 38,2022,the Town Board appointed Jackson LaSarso as an alternate member of the Planning Board, and WHEREAS, a Planning Board regular member vacancy exists and therefore the Town Board wishes to appoint Mr. LaSarso to serve as a regular member on the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Jackson LaSarso to serve as a regular member of the Queensbury Planning Board until such term expires on December 31", 2024. Regular Town Board Meeting, 04-18-2022, MTG 912 546 Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING YEAR 2021 SERVICE AWARD PROGRAM RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES RESOLUTION NO.: 151,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2021 Standard Year End Administration Services for the Town's Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs, and WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board approve the Fire Companies' and Emergency Squads' Year 2021 Service Award Program Records, and WHEREAS,the Town Supervisor's Office has received and reviewed the records from each of the Town's five(5)Volunteer Fire Companies and found them to be complete, and WHEREAS,the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2021 Volunteer Fire Company Service Award Program Records for each of the Town's five(5)Volunteer Fire Companies, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None Regular Town Board Meeting, 04-18-2022, MTG 912 547 RESOLUTION AUTHORIZING CONSENT TO TOWN OF LAKE GEORGE BEING DESIGNATED AS LEAD AGENCY FOR PURPOSES OF FULFILLING SEQRA REQUIREMENTS RELATIVE TO POTENTIAL APPROVAL OF "MCPHILLIPS PRESERVE AT FRENCH MOUNTAIN PARK" MASTER PLAN RESOLUTION NO.: 152, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 217, 2019, the Queensbury Town Board expressed its support of the Town of Lake George's application to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund at the French Mountain Preserve for the future shared park with the Town of Lake George and Lake George Land Conservancy, Inc., to be named the "McPhillips Preserve at French Mountain Park," and WHEREAS, the Town of Lake George has developed a Master Plan for the potential McPhillips Preserve at French Mountain Park (Master Plan) and will consider approval of such proposed Master Plan following a public hearing and public input, and WHEREAS, the State Environmental Quality Review Act (SEQRA) regulations require that such proposed Master Plan undergo an environmental review in accordance with SEQRA before approval, and WHEREAS, under SEQRA, the Lake George Town Board and Queensbury Town Board are Involved Agencies for purposes of the environmental review needed before the Lake George Town Board can approve the Master Plan, and WHEREAS, the Lake George Town Board wishes to be Lead Agency and lead the necessary SEQRA environmental review of the proposed Master Plan approval in coordination with the Queensbury Town Board and therefore has requested that the Queensbury Town Board consent to the Lake George Town Board being designated as Lead Agency, and WHEREAS, the Queensbury Town Board has concluded that the Lake George Town Board is the most Involved Agency and should be Lead Agency for the purposes of SEQRA review relating to the Master Plan and therefore wishes to provide its consent, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes, directs and consents to the Regular Town Board Meeting, 04-18-2022, MTG 912 548 Town of Lake George acting as Lead Agency for SEQRA review relative to the development and approval of the Master Plan for the McPhillips Preserve at French Mountain Park and authorizes and directs the Town Supervisor to execute any necessary documentation related to this consent including any needed Lead Agency Response Form, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to provide a certified copy of this Resolution to the Town of Lake George and take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING TECHNICAL SERVICES CHANGE ORDER NO. 02 REGARDING PROFESSIONAL ENGINEERING SERVICES OF C.T. MALE ASSOCIATES RELATED TO NYSDEC GROUNDWATER TESTING REVIEW AND SUMMARY RESOLUTION NO.: 153,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 104,2021, the Queensbury Town Board authorized engagement of C.T. Male Associates (CT Male) for professional environmental engineering services (Services)to assist the Town with the review and summary of groundwater testing that the New York State Department of Environmental Conservation(NYSDEC)has performed on monitoring wells and private wells in the Town as part of New York State's Inactive Landfill Initiative for the amount of $10,000 as set forth in CT Male's March 16, 2021 proposal, and WHEREAS, by Resolution No.: No.: 267,2021, the Town Board authorized C. T. Male's Technical Services Change Order No. 01 dated July 29, 2021 to continue its provision of such Services through 2023 on an as-needed basis as the NYSDEC progresses with its site characterization including monitoring and evaluating the site characterization's findings, and WHEREAS, CT Male has advised that it has exhausted the budget approved by Resolution No.: 267,2021 but has offered to continue providing advisory services on an as-needed basis as the NYSDEC progresses with its site characterization including monitoring and evaluating the site characterization's findings and has accordingly presented the Town with Technical Services Regular Town Board Meeting, 04-18-2022, MTG 912 549 Change Order No. 02 dated April 7, 2022 detailing such services in the amount of$20,000 for a new total contract price including this Change Order to be $50,000, and WHEREAS, the Town Board wishes to accordingly authorize Technical Services Change Order No. 02 for the additional engineering services, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes C. T. Male Associates' Technical Services Change Order No. 02 dated April 7, 2022 as delineated in the preambles of this Resolution in the amount of$20,000 for a total new Contract Price including this Change Order to be $50,000, to be paid for from Engineering Account No.: 001-1440-4720-009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Change Order No.: 02 substantially in the form presented at this meeting and/or any other needed documentation, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of$20,000 from Undesignated, Unassigned General Fund Balance Account No.: 001-0000-0909 to Engineering Account No.: 001-1440-4720-009, and BE IT FURTHER, RESOLVED, further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 181h day of April, 2022, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FRIENDS OF MOUNTAINSIDE LIBRARY RESOLUTION NO.: 154,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting, 04-18-2022, MTG 912 550 SECONDED BY: Mr. Harrison Freer WHEREAS,the Town of Queensbury wishes to enter into a Community Service Agreement with the Friends of Mountainside Library for the year 2022, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Friends of Mountainside Library for the year 2022 with funding for the Agreement not exceeding the sum of $2,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, with funding to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GREATER GLENS FALLS SENIOR CITIZENS RESOLUTION NO.: 155, 2022 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 provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Greater Glens Falls Senior Citizens for senior citizen recreational and social activities and programs as permitted and authorized by New York State General Municipal Law §95A, and WHEREAS, a proposed Agreement between the Town and the Greater Glens Falls Senior Citizens has been presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Greater Glens Falls Senior Citizens for the year 2022 with funding for the Regular Town Board Meeting, 04-18-2022, MTG 912 551 Agreement not exceeding the sum of $4,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that funding for such Agreement shall be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FAMILY YMCA OF THE GLENS FALLS AREA RESOLUTION NO.: 156,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Family YMCA of the Glens Falls Area to support the YMCA's provision of its Summer Day Camp experience, Camp Foothills,to underprivileged children living in the Queensbury area, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Family YMCA of the Glens Falls Area to support the YMCA's provision of its Summer Day Camp experience, Camp Foothills, to underprivileged children, with funding for the Agreement not exceeding the sum of $6,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting,with funding to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None Regular Town Board Meeting, 04-18-2022, MTG 912 552 RESOLUTION AUTHORIZING AGREEMENT WITH SARATOGA WARREN MUSICIANS PERFORMANCE AND SCHOLARSHIP FUND, INC. -GLENS FALLS BAND CITY PARK CONCERT SERIES RESOLUTION NO.: 157,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 Town Board, and WHEREAS, the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., working with the Glens Falls City Band,provides for weekly concerts to take place in the Glens Falls City Park during the months of July and August,thereby helping to promote the cultural development of the community, attracting many persons to the Queensbury area and providing an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., in the amount of $7,210 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., for the year 2022 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 Saratoga Warren Musicians Performance and Scholarship Fund, 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 the sum of$7,210 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, Regular Town Board Meeting, 04-18-2022, MTG 912 553 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 $7,210; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,210; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND HYDE COLLECTION RESOLUTION NO.: 158,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 Town Board, and WHEREAS, the Hyde Collection helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS,the Town Board wishes to provide funding to the Hyde Collection in the amount of$10,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Hyde Collection for the year 2022 for the promotion of events to Town and area residents, and Regular Town Board Meeting, 04-18-2022, MTG 912 554 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 Hyde Collection 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 the sum of$10,000 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 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 $10,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $10,000; and RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH UNDER THE WOODS FOUNDATION, INC. FOR CHURNEY GURNEY FESTIVAL RESOLUTION NO.: 159, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 Regular Town Board Meeting, 04-18-2022, MTG 912 555 the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Under the Woods Foundation, Inc., is organizing the "Churney Gurney Festival" at Gurney Lane Park in the Town of Queensbury that hosts a mountain bike race and trail running race,thereby helping to promote recreational opportunities in the community,attracting many persons to the Queensbury area and providing an economic boon to the community, and WHEREAS,the Town Board wishes to provide funding to the Under the Woods Foundation in the amount of$4,500 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Under the Woods Foundation for the year 2022 for the promotion of recreational activities 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 and authorizes the Local Tourism Promotion and Convention Development Agreement between the Town and the Under the Woods Foundation,Inc.,substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement,with funding not to exceed$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 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 confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None Regular Town Board Meeting, 04-18-2022, MTG 912 556 RESOLUTION AUTHORIZING AGREEMENT WITH UNDERDOG RACE TIMING FOR GURNEY LANE SNOWSHOE AND FAT TIRE DAY RESOLUTION NO.: 160, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 Town Board, and WHEREAS, Underdog Race Timing organized its "Gurney Lane Fat Tire Bike Day and Snow Shoe Races"at the Gurney Lane Park in the Town of Queensbury,thereby helping to promote recreational opportunities in the community, attracting many persons to the Queensbury area and providing an economic boon to the community, and WHEREAS,the Town Board wishes to provide funding to the Underdog Race Timing in the amount of$1,500 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Underdog Race Timing for the year 2022 for the promotion of recreational activities 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 and authorizes the Local Tourism Promotion and Convention Development Agreement between the Town and Underdog Race Timing, substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed $1,500 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 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: Regular Town Board Meeting, 04-18-2022, MTG 912 557 • Revenue Acct No. — 050-0000-51113 Occupancy Tax Revenue $1,500; • Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$1,500; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO NORTH QUEENSBURY RESCUE SQUAD, INC. UNDER CURRENT AGREEMENT RESOLUTION NO.: 161, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., in accordance with agreements between each EMS/Rescue Squad and the Town, and WHEREAS,by previous Resolutions the Town Board authorized new 2022 agreements with the West Glens Falls Emergency Squad, Inc. and the Bay Ridge Rescue Squad, Inc., and WHEREAS,the Town's agreement with the North Queensbury Rescue Squad, Inc., (Squad) expired on December 31, 2021, but the Town has not yet negotiated terms of a new 2022 agreement with the Squad, and WHEREAS, in such agreement,the Town and Squad agreed that the terms and provisions of the existing agreement may continue during the interim period pending execution of a new agreement, and WHEREAS, by Resolution No.: 428,2021, the Town Board authorized payment vouchers constituting 1/12 h of the 2021 Contract Amount(s) for January, February, March and April to the Squad under its current Agreement, which payments constituted advance payments on the new Regular Town Board Meeting, 04-18-2022, MTG 912 558 general emergency ambulance services 2022 Agreement(s), and WHEREAS, the Squad may face cash flow shortages before any new agreement can be executed and therefore the Town Board wishes to authorize advance payments under the current Agreement, which if a new agreement is entered into will constitute advance payments on the 2022 agreement to the Squad, such advances to be deducted from contract payments to be paid if and after a 2022 contract is ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payments of 1/12 h of the 2021 Contract Amounts for the month of May, if necessary, for operations and paid staffing to the North Queensbury Rescue Squad, Inc., (Squad) under its current 2021 agreement,which payments will constitute advance payments on a new 2022 general emergency ambulance services agreement if such agreement is entered into, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current agreements and take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF DUNCAN MURPHY AS FULL-TIME MOTOR EQUIPMENT OPERATOR FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 162, 2022 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 the Town Board that there is a vacancy in a full-time Motor Equipment Operator (MEO) position in the Highway Department, and Regular Town Board Meeting, 04-18-2022, MTG 912 559 WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and has made a hiring recommendation to the Town Board to hire Duncan Murphy, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Duncan Murphy as a full-time Motor Equipment Operator (MEO) in the Town's Highway Department effective on or about April 19'', 2022 subject to Mr. Murphy's successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six(26) week probationary period,and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED,that Mr. Murphy shall be paid at the hourly rate of pay for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18'h day of April, 2022 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.C., TO UPDATE TOWN OF QUEENSBURY COMPREHENSIVE PLAN AND LAND USE CODES AND ESTABLISHMENT OF CAPITAL PROJECT FUND NO.: 244 RESOLUTION NO.: 163,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, a Request for Proposals (RFP) for professional services to update the Town of Queensbury's Comprehensive Plan and Land Use Codes was issued on December 14, 2021 with a submittal deadline of January 28, 2022, and Regular Town Board Meeting, 04-18-2022, MTG 912 560 WHEREAS, five (5) responses were received, four (4) of which were determined to be substantially complete, and WHEREAS, a proposal review committee was formed to review the complete responses, and three(3) firms were invited to interview with the committee, and WHEREAS, after conclusion of the interviews, the committee has recommended that the Town Board authorize engagement of the services of Barton&Loguidice,P.C., and WHEREAS, the Town's Senior Planner has presented the Town Board with a proposed Professional Services Agreement with Barton & Loguidice, P.C., and the Town Board wishes to authorize such Agreement in substantially the form presented at this meeting, and WHEREAS, the Town Board wishes to fund such services from Capital Reserve 464 and in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C., to perform certain consulting work and update the Town's Comprehensive Plan and Land Use Codes as delineated in Barton&Loguidice,P.C.'s Proposal dated January 28, 2022 for an amount not to exceed $132,514, such services to be funded from Capital Reserve Fund No. 64, such expenditures being for a specific capital project for which the Capital Reserve Fund No. 64 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the establishment of Comprehensive Plan and Land Use Codes Capital Project Fund No.: 244 and authorizes and directs the Town Budget Officer to transfer $132,514 from Town Capital Reserve Fund No.: 64 to fund such Capital Project Fund No.: 244 and establish appropriations and estimated revenues as follows: • 001-9950-9030-0064 Transfer to Capital Project- $132,514 • 244-0000-55031 Interfund Revenues - $132,514 • 244-8020-4400 Misc. Contractual - $132,514 and BE IT FURTHER, Regular Town Board Meeting, 04-18-2022, MTG 912 561 RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and make any other adjustments,budget amendments,transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Professional Services Agreement in substantially the form presented at this meeting and any other documentation related to this project and further authorizes and directs the Town Supervisor, Executive Director of Community Development, Senior Planner and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION SUPPORTING AND PROCLAIMING SUPPORT FOR UKRAINE RESOLUTION NO.: 164, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Sovereign Nation of Ukraine was invaded on February 24, 2022 by Russian military forces without cause, and countless civilians and military personnel have been injured and killed during attacks carried out by Russia's regime, and WHEREAS, the invasion of Ukraine and attacks against its people have been broadly condemned by United States President Joseph Biden, leadership of the European Union and numerous other countries around the world, and WHEREAS, the Town of Queensbury and the Capital Region are home to a robust and Regular Town Board Meeting, 04-18-2022, MTG 912 562 thriving community of Ukrainian immigrants and their family members, and WHEREAS, the Town Board wishes to express its unwavering support to the people of Ukraine as Ukraine continues to fight for its freedom, and urge Town residents to consider contributing to Ukrainian relief efforts through organizations such as the International Committee of the Red Cross: http://www.icrc.orgZen/donatehikraine and Project Hope: https://www.projecthope.org, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby proclaims and expresses its unwavering support and sincere desire for peace in Ukraine and hereby adds the Town of Queensbury's voices to those throughout the region and the world who oppose this horrific military and humanitarian crises taking place as a result of the Russian invasion of Ukraine. Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 04192022 RESOLUTION NO.: 165,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 04192022 with a run date of 04/14/2022 and a payment date of 04/19/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 04192022 with a run date of 04/14/2022 and a payment date of 04/19/2022 totaling $798,330.84, 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, 04-18-2022, MTG 912 563 Duly adopted this 18'h day of April, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 4.0 CORRESPONDENCE None 5.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) BEN BOTELHO, Attorney with Braymer Law, Glens Falls representing Whispering Pines Associates, an apartment complex of hundreds of residents where their sole access is on Weeks Road spoke to the Town Board regarding Hoffman's proposal of a new car wash on Weeks Road. Noted that it is before the Town Planning Board and concerned that it will be approved tomorrow night by the Board. Referred to the 2019 Warren County Pathway Corridor Study partially funded by the Town that recognizes that there are current traffic issues on Weeks Road right now. The corridor study officially recommended a re-route of Weeks Road onto Sweet Road and if Hoffman's project is approved tomorrow night, that recommendation in the study will probably be impossible to carry out. So we want to bring this to the attention of the Town Board now so that the Town can officially consider it. I am not sure if there is a way to stall the Planning Board but we urge the Town Board to officially consider and implement the study's recommendation to protect the Town and residents. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Discussed the Warren County Bike Path and the use of Electric Bikes. Town Board held discussion regarding the different classes of E bikes, what should be allowed on the bike path and the enforcement of such bikes. • Requested Supervisor Strough to reach out to Mike Swan at the Warren County Treasurer's Office for the Granicus data collected, it would be helpful to us as we move forward with the short term rental discussions. COUNCILMAN FERONE (WARD III) • Nothing to report COUNCILMAN FREER(WARD II) • Referred to the Towns & Topics magazine and noted some very interesting articles that is worth reading. • Referred to Hoffman's project proposal and noted that we met with the team last week who provided some pretty compelling data. There may be some very intermittent disruptions for Weeks Road residents but the current project doesn't support the rerouting as the study recommended. • Referred to the Short Term Rental proposed changes and announced that there will be a workshop for the Town Board to discuss sometime in May and then public hearings to be held. Noted that the proposed changes will not affect this summer season and most likely go into effect next year. COUNCILMAN METIVIER(WARD 1) • Questioned status of the culvert on Bay Road. • Reviewed the schedule and brush pick up regulations involving the Highway's Residential Annual Spring pick-up. SUPERVISOR STROUGH • Gave update on the eight foot culvert on Bay Road that failed noting that the integrity was found to be very poor and the initial quick repair was determined not to be safe. A new culvert Regular Town Board Meeting, 04-18-2022, MTG 912 564 is being designed at this point. • Spoke regarding the option of prohibiting dogs from Town trails and parks due to the dog waste being left, despite the signage, trash bags and cans provided, dog owners are throwing the bagged waste in the woods. • Announced the schedule of the rabies vaccination clinics offered by Warren County Public Health. • Announced Warren Hamilton Counties Office for the Aging is looking for additional volunteers to help deliver meals, if interested in volunteering please call 518-761-6347. • Announced Memorial Day Parade and Remembrance Ceremony scheduled for May 30'h at 10 a.m. sharp. The theme for this year's parade is `Our Freedom, Their Sacrifice'. • Thanked audience and everyone for attending, Look TV, Town Counsel Bob Hafner, Town Clerk Caroline Barber, Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 166,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 18'h day of April, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None Respectfully Submitted, CAROLINE H. BARBER, RMC TOWN CLERK TOWN OF QUEENSBURY