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11-07-2022 MTG#32 Regular Town Board Meeting, 11-07-2022, MTG 932 1 REGULAR TOWN BOARD MEETING MTG#32 November 71h, 2022 RES. #393-414 7:00 P.M. BOH #87-93 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS Barbara Tierney, Budget Officer Dave Duell, Highway Superintendent PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON HARRISON FREER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 393, 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 71h day of November, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 1.1 Public Hearing—Sewage Disposal Variance Application of Linda Shearer PUBLICATION DATE: October 21, 2022 SUPERVISOR STROUGH reviewed the proposed application and three variance requests. The applicant's agent, please introduce yourself for the record. DENNIS MACELROY-Thank you John. Dennis MacElroy from Environmental Design representing Linda Shearer and application for variances for a, some setback relief. The property Regular Town Board Meeting, 11-07-2022, MTG 932 2 as indicated is on Sullivan Place which is off of Glen Lake Road, not far from the Docksider. Linda is with me tonight and in the audience. The situation is, Linda has a point well, typical of the Glen Lake area in the old cottages and houses like the supply from a point well. This happens to be right in the basement, the cellar of the house. She's had difficulties with that recently, needs to replace that water supply system and she's talked with Rosick Well Drillers for drilling a new well and by placing it on the property as recommended by Rosick, we come up against some setback variances. As we discussed in the field, this is a little bit different. Usually I am here talking about a wastewater system that doesn't meet the setback to an existing water supply. In this case, we've got an existing water supply, or excuse me, existing septic system that doesn't, won't meet the setbacks to a new well. SUPERVISOR STROUGH-Any questions for the applicant's agent, Mr. MacElroy? Seeing none, I will open the public hearing. Any member of the public wish to speak to this application for Sanitary Sewage Disposal Variance, please indicate your interest in doing so and I'll have you come forward. Alright, seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING LINDA SHEARER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 87,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Linda Shearer filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new well on property located at 3 Sullivan Place in the Town of Queensbury with the proposed well to be located: 1. 46' from the existing septic tank instead of the required 50' setback; 2. 70' from the absorption field instead of the required 100' setback; and 3. 72'from the absorption field instead of the required 100' setback; and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, November 7 h, 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 Regular Town Board Meeting, 11-07-2022, MTG 932 3 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 Linda Shearer for variances from the Sewage Disposal Ordinance to install a new well to be located: 1. 46' from the existing septic tank instead of the required 50' setback; 2. 70' from the absorption field instead of the required 100' setback; and 3. 72'from the absorption field instead of the required 100' setback; on property located at 3 Sullivan Place in the Town of Queensbury and bearing Tax Map No: 289.9- 1-32. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 1.2 Public Hearing—Sewage Disposal Variance Application of Al Williams PUBLICATION DATE: October 21, 2022 SUPERVISOR STROUGH reviewed the proposed application and two variance requests. Is the applicant or the applicant's agent wish to speak? MR. AL WILLIAMS-No, I am okay. Unless you need me. SUPERVISOR STROUGH-Alright, well we may call you up. Town Board, any questions, thoughts? COUNICLMAN FERONE-No, we did the site visit today, it looked fairly simple. SUPERVISOR STROUGH-I'll open the public hearing. Is there anybody here tonight that wishes to speak to the Al Williams application for Sanitary Sewage Disposal Variance? Please indicate your interest in doing so. Seeing none, I'll close the public hearing. RESOLUTION APPROVING AL WILLIAMS' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 88,2022 Regular Town Board Meeting, 11-07-2022, MTG 932 4 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Al Williams (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install a new leach field on property located at 23 Sunset Lane in the Town of Queensbury with such leach field to be located:: 4. 3' from the side yard property line instead of the required 10' setback; and 5. 77' from the well instead of the required 100' setback; and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, November 7 h, 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 Al Williams for variances from the Sewage Disposal Ordinance to install a new leach field on property located at 23 Sunset Lane in the Town of Queensbury with such leach field to be located:: 1. 3' from the side yard property line instead of the required 10' setback; and 2. 77' from the well instead of the required 100' setback; Regular Town Board Meeting, 11-07-2022, MTG 932 5 on property located at 23 Sunset Lane in the Town of Queensbury and bearing Tax Map No: 226.19- 2-8, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None PAUL DERBY,31 Canterbury Drive-This is for 25 Canterbury,the house that we purchased recently. Hoping this will be done within a year; this has been a slow process. We had a setback in the first round, needing a topographic survey in order to do the septic engineering which took almost four months. In working with the engineer, we have come up with two preliminary plans for onsite wastewater treatment systems; both are complicated. It's a challenging lot. We have an approved Fuji Clear System for 31 Canterbury and felt it would be more efficient, more cost effective to do them both at the same time. It's a big project, I don't see how it can be done in six months. We're asking for a year, hoping for less time. COUNCILMAN MCNULTY-Just that we will add the stipulation that it can't be used for short term rental during the time period. MR. DERBY-No one is living there,there is no water at this time and no one will live there until it's installed. TOWN COUNSEL SCHACHNER-That condition is part of our proposed Resolution. MR. DERBY-I would just add,we purchased it so it wouldn't have short term rentals. RESOLUTION GRANTING PAUL DERBY ADDITIONAL EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 25 CANTERBURY DRIVE RESOLUTION NO.: BOH 89,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty Regular Town Board Meeting, 11-07-2022, MTG 932 6 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 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 transfer of ownership 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, by letter dated May 31, 2022, Paul Derby (Applicant)previously advised that as a result of a septic inspection of his property located at 25 Canterbury Drive in the Town of Queensbury (Tax Map No.: 289.17-1-20) on May 20, 2022 Applicant wished to obtain an updated elevation survey of the property, develop an engineered septic system and secure the necessary variances from the Board of Health to complete the installation of a replacement wastewater treatment system on his property and therefore,the Applicant requested that the Town Board grant him additional time to complete such work 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 the Town's Acting Director of Building and Codes Enforcement recommended Town Board approval of the requested extension to November 20d', 2022, and WHEREAS, by Resolution No.: BOH 55, 2022, the Town Board authorized and granted Applicant the requested additional time or until November 201h, 2022 to complete installation of the replacement wastewater treatment system and obtain a certificate of compliance from the Town's Building and Codes Enforcement Office, and WHEREAS, by letter dated October 20, 2022, Applicant has advised that due to his surveyor's busy schedule, the needed topographical survey for engineering a wastewater septic unit was not available until September 16d'and he will also need to come before the Town's Local Board of Health to request needed variances and as a result installation of the replacement wastewater treatment system cannot be completed by November 22nd and therefore Applicant has requested that the Town Board grant additional time to complete such work and extend the date on which the $2,000 escrow deposit Applicant previously deposited with the Town shall be automatically forfeited to the Town to November 15'h, 2023, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, Regular Town Board Meeting, 11-07-2022, MTG 932 7 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Paul Derby additional time or until November 15'h, 2023 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the installation of the replacement wastewater treatment system located on his property at 25 Canterbury Drive, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of November 15'h, 2023 as delineated in this Resolution with the conditions that: 1) the property shall not be utilized for rental until and unless the new replacement wastewater treatment system is installed; and 2) this approval in no way approves any of the variances that might be forthcoming for the new replacement wastewater treatment system; and BE IT FURTHER, RESOLVED, that the Town Board, as the Town's Local Board of Health, further authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 71h day of November, 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 HARRIS BAY YACHT CLUB RESOLUTION NO.: BOH 90,2022 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, Harris Bay Yacht Club(Applicant)has applied to the Local Board of Health for a variance from Chapter 136,§136-11 which requires applicants to obtain a variance for holding tanks, Regular Town Board Meeting, 11-07-2022, MTG 932 8 as the Applicant wishes to add a 500 gallon capacity holding tank for use by Applicant's employees at its existing marine maintenance facility on the property, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow the holding tank to be: 1. plastic instead of the required precast concrete; 2. 1.43 times the volume of waste generated between anticipated removal dates instead of twice the volume required; and 3. located 28'± from the Lake George wetland/tributary/surface water instead of the required 50' setback; at its property situated at 2712 State Route 9L 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, November 21", 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Harris Bay Yacht Club's sewage disposal variance application concerning property located at 2712 State Route 9L in the Town of Queensbury(Tax Map No.: 240.-1-23.1)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 7 h day of November, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None COUNCILMAN MCNULTY-I would like the same stipulation added to this Resolution. COUNCILMAN FREER-Bill is gone,this is a trust. TOWN COUNSEL SCHACHNER-Correct. The proposed condition would read: with the condition that the property shall not be utilized for rental until and unless the new replacement wastewater treatment system is installed. COUNCILMAN MCNULTY-Please. Thank you. Regular Town Board Meeting, 11-07-2022, MTG 932 9 RESOLUTION GRANTING THE WILLIAM B. WETHERBEE TRUST AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 51 MASON ROAD RESOLUTION NO.: BOH 91,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 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 transfer of ownership 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, by letter dated September 30, 2022, William Wetherbee on behalf of the William B. Wetherbee Trust, (Applicant) advised that due to his septic contractor's schedule, Applicant will be unable to arrange for completion of the upgrade of the existing septic system on Applicant's property located at 51 Mason Road in the Town of Queensbury(Tax Map No.: 226.16- 1-19) by January 26, 2023 and therefore, Applicant has requested that the Town Board grant additional time (at least six months) to complete such work and extend the date on which the $2,000 escrow deposit Applicant previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to July 26, 2023, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants the William B. Wetherbee Trust additional time or until July 26, 2023 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the upgrade of the existing septic system located on property Regular Town Board Meeting, 11-07-2022, MTG 932 10 located at 51 Mason Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of July 26, 2023 as delineated in this Resolution,with the condition that the property shall not be utilized for rental until and unless the new replacement wastewater treatment system is installed, and BE IT FURTHER, RESOLVED,that the Town Board, as the Town's Local Board of Health, further authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 71h day of November, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF SHARON SERINI RESOLUTION NO.: BOH 92,2022 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 Ordinance, and WHEREAS, Sharon Serini has applied to the Local Board of Health for variances from Chapter 136 to install a new on-site wastewater treatment system with its components proposed to be located as follows: 1. Wastewater absorption field to be 91' from the neighboring well in lieu of the required 100' setback; 2. Wastewater absorption field to be 2' from the east property line in lieu of the required 10' setback; and 3. Wastewater absorption field to be 2' from the south property line in lieu of the required 10' setback; on vacant property located on a Private Road 41 off of Cleverdale Road in the Town of Queensbury, Regular Town Board Meeting, 11-07-2022, MTG 932 11 NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, November 21", 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Sharon Serini's sewage disposal variance application concerning property located on vacant property located on a Private Road 41 off of Cleverdale Road in the Town of Queensbury(Tax Map No.: 240.9-1-4) 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. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 93,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone 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 7 h day of November, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 PUBLIC HEARINGS 2.1 Public Hearing—Proposed Town of Queensbury 2023 Preliminary Budget PUBLICATION DATE: October 21, 2022 Regular Town Board Meeting, 11-07-2022, MTG 932 12 SUPERVISOR STROUGH-Gave power point presentation of proposed 2023 Annual Town Budget. (Power point presentation on file in the Town Clerk's office) I am going to open a public hearing. I am going to give you an opportunity to share your thoughts with us. Now, it's not a dialogue so if you have some thoughts, we welcome your thoughts. If you have questions, I am going to write down your questions. If it is something you want us to respond to some way, I will try. Our Budget Officer is here, Barbara Tierney is here at the other end of the table to help the Town Board along with some of your potential questions. But again, we're going to open the public hearing, give you the opportunity to share your thoughts and when the public hearing, it appears that most people are finished with sharing their thoughts, if there were questions or comments that we need to respond to, we'll do after. There will not be any dialogue between the Board and the person sharing their thoughts. Alright, before I open it to the public, any thoughts on behalf of Town Board? COUNCILMAN MCNULTY-I just have to say that last year at this time, the first budget that we sat in on, I didn't support it because of the lack of funding, or the lack of increase for EMS. I applaud the efforts of you and George and the rest, other Board Members have done over the past year to meet with the companies and identify, to respond to some of the inquiries that were in those reports that you mentioned. The increase, I cannot vote against this budget because you provided for what I asked for, increased ambulance service in the Town, increased payments for our EMS and Fire supporters and the funding of the LOSAP which hopefully will get approved. I support it because you're providing the service to the community that was sorely needed. SUPERVISOR STROUGH-Okay, I'll open the public hearing. Is there anybody interested in speaking to the Town Board and sharing their thoughts with us? Yes sir. Please identify yourself for the record. TRAVIS WHITEHEAD-Travis Whitehead. First off, I'd like to say that I have no issue with where the money is being spent. My issue is what I read every year in your audit, an audit that we have to pay for and you should be reading and what it says every year. And what it says every year that upsets me is that every year, and I'm talking about every, I've gone back ten years and it has the same verbiage in every report for the last ten years is that you compare the budget to actuality. You overestimate the expenses and underestimate the revenues consistently and not by a little bit. Usually it's on the order of several million dollars and it's in the audit. I mean you can't get away from that. I bet money again that we're going to come back next year and you'll say, here it is again, year 11 and after the sob story we heard just now, you still ended up with two million dollars more than you budgeted. I'll make that bet right now with you. When you go ahead and say that a person with a 200,000 dollar home will end up paying 89 dollars and 87 cents more based on the tax rate,that's fibbing. It's fibbing because that 200,000 dollar house is not going to be assessed at 200,000 dollars next year. It's going to be assessed, I don't know, 10 percent more. You've seen what's happened to the prices in Town so on top of that 89 dollars and 87 cents, you're going to see a much larger increase just because your house now is being assessed at 220,000 say and you're going to be paying the full tax on all of that. It's going to make that 89 dollars and 87 cents pretty small. I know John usually goes ahead and says it so many sub sandwiches. You can figure out how many sub sandwiches that might be but you know, this is serious business when it happens every single year. It makes our community less attractive for investment and I'm not saying that this is an unattractive community. John is absolutely right when he says that the State Comptroller says that we have no fiscal stress. We have no fiscal stress because of the stuffing money all over the place like we've been doing. Where have we been stuffing it? Well, the audit tells you exactly where you've been stuffing it. Besides the 37 percent or 48 percent, depending on what numbers I've heard, you know, it's in the General Fund. There are many other funds as well and they're all, have excess money in there. One thing that came up today is the need for more money for Fire Protection and EMS. Again, I don't have a problem with that, we can all see that coming for years and you know, they deserve every penny. However, right in the audit it says that you know,just shy of four million dollars in real property taxes in 2021 went to fund those activities and at the end of the year, we ended up with 6.7 million dollar surplus. So you can see that it would take years. Even if you are spending 400,000 dollars or even a million dollars more next year, you're going to have years of cash set aside so that's not aproblem. Instead you'll be taking the money from each and every resident here who is also feeling the same pains that you say. You know, we're paying more for hamburger and bread and everything else and you're taking that money because the tax bills going to come in and they're going to see that 89 dollars and 87 cents and then they're Regular Town Board Meeting, 11-07-2022, MTG 932 13 going to see another couple hundred dollars because my house is assessed more. So, yes the Town is in fabulous shape and maybe if you were doing your jobs correctly, one year you would not say that you know, didn't do the budget right and that you underestimated your revenues and overestimated your expenses but maybe you'd be the other way around. That's the way it ought to be. I mean there's a rainy day fund, you give and you take. If you're doing it right, it ought to be, you ought to net out. But for the last 10 years running, it's been about two million dollars more in the budget that you've taken from us and it eventually goes back. I mean you went ahead and paid cash for these new buildings. You could have written bonds. If you had done bonds which would have been at a tremendously low rate, would have looked like geniuses right now compared to the rates you'd be getting if you tried to get them today. But more importantly, those buildings would be funded by the people that get the use out of them. They would be funded, not by the people that have already retired to Florida, who put all of that money into cash years ago that you took out but that's how you do it. That's how you do it because you've got to get rid of the money some place and if it's not that, you know, buy some more parkland or something else. So Rensselaer and Saratoga Counties have both announced that they're actually cutting their taxes. I know Warren County is holding it and yet the Town of Queensbury, for all of the good fiscal shape it's in is busting the tax cap. I don't think that's right and I also don't think, and I know we're not in a point where we're exchanging views at this point in time but I did try to exchange, get this information out to my representative Tim McNulty, never returned my call after I initially talked to him about this and expressed my concerns. Then talked to the County Queensbury representative Doug Beaty who contacted Mr. McNulty and asked, hey, can we sit down and find out who's right about this. Travis is saying one thing, you're saying another. Can we sit down? His answer was no. Flat out no. So I can't even talk about this stuff and get a two way discussion. But you know the numbers are here. It says, the General Fund has an aggregated 10.3 million dollars in it some of which is dedicated, about three million of it. So you have that 5.895 million sitting there. The Highway Fund has 1.6 million sitting there. Capital Projects, a little over three million. The Fire Protection and EMS Fund, as I mentioned, 6.7 million dollars. You're a long way from being in trouble yet many of the residents are feeling the pinch. So, I think you're being a little tone-deaf in this time of stress. Stress for everybody and you ought to think about that and that's really all I have to say. SUPERVISOR STROUGH-Okay. MR. WHITEHEAD-I know you're just going to go ahead and vote for it anyhow,just like you always do. COUNCILMAN MCNULTY-Thank you for your comments. SUPERVISOR STROUGH-Yes, thank you. Anybody else wish to speak to the Town Board, share thoughts? Anybody online Tim? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Okay, I'll close the public hearing then. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Some of the thoughts that we're shared with us, yes, we get an audit every year and perhaps we're a little over on underestimating expenses and a little over in estimating revenues. I would say that's healthy. Average assessed house, I compared apples to apples. In 2022,the average assessed house was 290,000. In 2023,the average assessed value is 293,500. Cash versus bond, that argument, no one is right or wrong there. However this Town Board feels that if we have the cash, we should spend it. When you bond it for 20 years, you leave that burden to future tax payers for 20 years. If you go into a depression or recession, you still have to pay that bond. You can't cut that out of your budget so we have different philosophies on that. We get reviewed every year but the auditor, the comptroller and we're in good shape. We're not doing anything excessively. COUNCILMAN MCNULTY-I would like to go on the record applauding the efforts of our Budget Officer, Barbara Tierney for the strength of our budget and economic stability. SUPERVISOR STROUGH-Budget Officer Barbara Tierney, is there anything you'd like to say? Regular Town Board Meeting, 11-07-2022, MTG 932 14 BARBARA TIERNEY, Budget Officer-No. SUPERVISOR STROUGH-Is there anything that I said that was not correct? MS. TIERNEY, Budget Officer-No. RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2023 RESOLUTION NO.: 394,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board duly conducted a public hearing on Monday, November 71h, 2022 concerning the proposed 2023 Preliminary Budget and heard all interested persons, and WHEREAS, the proposed 2023 Preliminary Budget sets forth the proposed 2023 salaries of the Town's Elected Officials as required by New York State Town Law §27, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs that the 2023 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON(4) 18,000. TOWN CLERK 86,000. TOWN HIGHWAY SUPERINTENDENT 86,000. TOWN JUSTICES (2) 58,588 and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2023 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2023, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to enter Regular Town Board Meeting, 11-07-2022, MTG 932 15 the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that a copy of the adopted Annual Budget for 2023, including a copy of the S495 Exemption Impact Report, is attached and made part of this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver two (2) copies to the Town Supervisor so that he may present them to the Warren County Board of Supervisors, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take all actions necessary to effect this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT — 3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE FEEDER CANAL ALLIANCE RESOLUTION NO.: 395, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 Regular Town Board Meeting, 11-07-2022, MTG 932 16 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 Town Board wishes to provide funding to the Feeder Canal Alliance in an amount not to exceed $10,000 with occupancy tax revenues received from Warren County and accordingly enter into a 2022 Agreement with the Feeder Canal Alliance for the provision of recreational venues and promotion of events to Town and area residents and visitors, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between the Town and the Feeder Canal Alliance and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, with funding for the Agreement not to exceed $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 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. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING BILLING RATES FOR EMERGENCY MEDICAL SERVICES THIRD PARTY BILLING (BILL FOR SERVICE) EFFECTIVE 1/1/2023 Regular Town Board Meeting, 11-07-2022, MTG 932 17 RESOLUTION NO.: 396,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board previously entered into Agreements with the Town's three (3) Emergency/Rescue Squads (Squads) for a bill for service (third party billing) program, and WHEREAS, by previous Resolution the Town Board authorized the establishment of billing rates for Emergency Medical Services (EMS)third party billings in the Town of Queensbury and by subsequent Resolutions made certain revisions to these billing rates, and WHEREAS, by previous Resolution No.: 179,2008, the Town Board entered into a Billing Service Agreement with Emergency Management Resources, LLC (EMR) for provision of billing and collection of emergency services and at the recommendation of EMR,the Town Board wishes to authorize certain revisions to all billing rates for EMS third party billings in the Town of Queensbury effective as of January 1st, 2023, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the following billing rates for Emergency Medical Services (EMS)third party billings in the Town of Queensbury, effective as of January 1st, 2023: ■ Intercept - $ 350.00 ■ BLS Emergency- $1,000.00 ■ ALS1 Emergency- $1,600.00 ■ ALS2 - $2,000.00 ■ RMA Medical/Trauma(T&R) $ 150.00 ■ RMA MVA $1,000.00 ■ Lift and Assist $ 50.00 ■ Mileage - $ 28.00 per loaded mile and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Emergency Management Resources,LLC,the Town Supervisor,Town Budget Officer and/or Accountant to take the necessary Regular Town Board Meeting, 11-07-2022, MTG 932 18 actions to implement such billing rate changes and effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH CARTEGRAPH SYSTEMS LLC FOR PROFESSIONAL SOFTWARE SERVICES RESOLUTION NO.: 397,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 357, 2020, the Queensbury Town Board authorized engagement of Cartegraph Systems, LLC (Cartegraph) for professional software services to assist with public works asset management and establishment of Cartegraph Software Capital Project Fund No.: 234, and WHEREAS, by Resolution No.: 388, 2021, the Town Board authorized renewal of Cartegraph's services through 1/3/23, and WHEREAS, the Town Board wishes to renew its agreement with Cartegraph for the term of 1/4/2023 to 1/3/2026 for yearly sum(s)not to exceed: ■ Term 01 —1/4/2023 —1/3/2024 - $15,210 ■ Term 02—1/4/2024—1/3/2025 - $15,665 ■ Term 03 —1/4/2025 —1/3/2026 - $16,136 in accordance with Cartegraph's Master Agreement dated 10/17/2022 substantially in the form submitted at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the renewal of the services of Cartegraph Systems,LLC for professional software services to assist with public works asset management for the term of 1/4/2023 to 1/3/2026 for yearly sum(s)not to exceed: Regular Town Board Meeting, 11-07-2022, MTG 932 19 ■ Term 01 —1/4/2023 —1/3/2024 - $15,210 ■ Term 02—1/4/2024—1/3/2025 - $15,665 ■ Term 03 —1/4/2025 —1/3/2026 - $16,136 in accordance with Cartegraph's Master Agreement dated 10/17/2022 substantially in the form submitted at this meeting, such services to be paid from Capital Construction Account No.: 234- 8540-2899, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make budget adjustments, prepare any documentation and/or take any actions necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form submitted at this meeting and/or any needed documentation and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING SALE OF OBSOLETE SCREENING PLANT AND SAND STACKER TO TOWN OF HADLEY RESOLUTION NO.: 398, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, in accordance with New York State Town Law §64, the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town Highway Superintendent previously advised the Town Board that a Rawson Screening Plant and Sand Stacker(Asset 4's: 3362, 3560, 3957, 3958)are no longer needed, obsolete and have been replaced, and Regular Town Board Meeting, 11-07-2022, MTG 932 20 WHEREAS, the Town Highway Superintendent has therefore requested Town Board authorization to sell such obsolete equipment to the Town of Hadley for $10,000, in "as is —where is" condition, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's sale of a Rawson Screening Plant and Sand Stacker(Asset#'s: 3362, 3560, 3957, 3958) which are no longer needed by the Town, obsolete and of no material value, to the Town of Hadley for $10,000 in "as is —where is" condition, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take all actions needed to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH NOVEMBER LLAMA LLC - DUNHAM'S BAY RESORT LLC RESOLUTION NO.: 399,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Dunham's Bay Resort, LLC/Swordfish Realty, LLC owns and operates the Dunham's Bay Resort including the restaurant located on the property at 2999 State Route 9L, Queensbury, New York(Resort), and WHEREAS, November Llama LLC plans to lease the restaurant and banquet space and operate food service at the Resort and is awaiting a transfer of liquor license from the Resort's current owner, and WHEREAS, November Llama LLC has accordingly applied for a renewal of liquor license and have requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority(NYS) in an effort to expedite such renewal, and Regular Town Board Meeting, 11-07-2022, MTG 932 21 WHEREAS, the Town Board wishes to authorize the Town Clerk to notify November Llama and/or the Resort's owners and/or NYS that the Town Board has waived the 30 day notification period before the liquor license is issued and/or renewed, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the applicant, November Llama, LLC and Dunham's Bay Resort, LLC/Swordfish Realty, LLC to then notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued/renewed to November Llama, LLC at the Dunham's Bay Resort located at 2999 State Route 9L, Queensbury, New York and that the Town Board has no objection to such license, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION REAPPOINTING AMANDA MOHR TO TOWN RECREATION COMMISSION RESOLUTION NO.: 400,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, the term of Recreation Commission member Amanda Mohr will expire as of December 31", 2022 and Ms. Mohr wishes to be reappointed to the Commission, and WHEREAS,the Town Board wishes to reappoint Ms. Mohr to the Recreation Commission, Regular Town Board Meeting, 11-07-2022, MTG 932 22 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby reappoints Amanda Mohr to the Town of Queensbury Recreation Commission with her term to expire as of December 31", 2029. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION APPOINTING ELLEN MCDEVITT AND FRITZ STEFANZICK AS ALTERNATE MEMBERS OF TOWN PLANNING BOARD RESOLUTION NO.: 401, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS,two (2)vacancies for alternate positions exist on the Planning Board, and WHEREAS,the Town Board wishes to appoint Ellen McDevitt and Fritz Stefanzick to serve as alternate members of the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Ellen McDevitt and Fritz Stefanzick to serve as alternate members of the Queensbury Planning Board until such terms expire on December 31", 2028. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION APPOINTING ROBERT KEENAN AND MARY PALACINO AS ALTERNATE MEMBERS OF TOWN ZONING BOARD OF APPEALS Regular Town Board Meeting, 11-07-2022, MTG 932 23 RESOLUTION NO.: 402,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury previously established the Town's Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, vacancies for two (2) alternate member positions exist on the Zoning Board of Appeals, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Robert Keenan and Mary Palacino as alternate members of the Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Robert Keenan and Mary Palacino to serve as alternate members of the Queensbury Zoning Board of Appeals until such terms expire on December 31", 2028. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING REVISED QUOTE OF SIEWERT EQUIPMENT FOR REFURBISHMENT OF VERTICAL TURBINE PUMP AT TOWN WATER TREATMENT PLANT RESOLUTION NO.: 403, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 308, 2022, the Queensbury Town Board authorized the Town Water Superintendent's engagement of Siewert Equipment (Siewert) to refurbish a Vertical Turbine Pump(Pump)at the Town's Water Treatment Plant in accordance with Siewert Equipment's quote/repair proposal dated July 28, 2022 for the amount of$20,572, and WHEREAS, the Water Superintendent has advised that Siewert's inspection report of the Regular Town Board Meeting, 11-07-2022, MTG 932 24 Pump documented that the wear and tear on the Pump was more than the "normal" expected wear and tear and that in addition to replacing the expected wear parts of the Pump, the line shaft and couplers should also be replaced, and WHEREAS, such additional repair work resulted in Siewert's quote increasing from $20,572 to $28,310 as set forth in Siewert's October 21, 2022 quote presented at this meeting, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize Siewert's revised quote for such necessary, important repair work, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent's engagement of Siewert Equipment to refurbish a Vertical Turbine Pump at the Town's Water Treatment Plant in accordance with Siewert Equipment's revised quote/repair proposal dated October 21, 2022 substantially in the form presented at this meeting for the revised amount of $28,310 to be paid from Account No.: 040-8320-4350, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of$7,738 from the Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 to Account No.: 040-8320-4350, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Water Superintendent to sign the repair proposal and/or any other needed documentation and the Town Supervisor, Town Water Superintendent and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2023/2024 AND PROVISION OF 2022 STANDARD YEAR-END SERVICES Regular Town Board Meeting, 11-07-2022, MTG 932 25 RESOLUTION NO.: 404,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2022/2023, and the 2022 standard year-end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX's Service Fee Agreement presented at this meeting, and WHEREAS,PENFLEX will provide these services for the total estimated amount of: • $14,100—Estimated Standard and Distribution Services Fees; and • $ 345 —NYS LOSAP Audit Package; for a total estimated cost of$14,445, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2022/2023 and the 2022 standard year-end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program for a total estimated cost of $14,445, to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Service Fee Agreement with PENFLEX, INC. substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK BALLOON FESTIVAL Regular Town Board Meeting, 11-07-2022, MTG 932 26 RESOLUTION NO.: 405,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury received a request for funding from the Adirondack Balloon Festival to assist in funding its Adirondack Hot Air Balloon Festival to be held in the Town of Queensbury in September, 2022, and WHEREAS, such event drew thousands of people to the Town of Queensbury and its surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution the 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 Balloon Festival in the amount of$15,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Adirondack Balloon Festival has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Adirondack Balloon Festival to assist in funding its Adirondack Hot Air Balloon Festival held in the Town of Queensbury in September, 2022 and the Agreement between the Town and the Adirondack Balloon Festival substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $15,000 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, Regular Town Board Meeting, 11-07-2022, MTG 932 27 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 $15,000; • Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$15,000; 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. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION DECLARING LEAD AGENCY STATUS IN REGARDS TO PROPOSED LOCALLAW NO.: OF 2022 AMENDING QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE RESOLUTION NO.: 406,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,by Resolution No.: 389, 2022 the Queensbury Town Board set a public hearing for Monday, November 21", 2022 concerning proposed revisions to the Town's Zoning Code and enactment of"Local Law No.: of 2022 to Amend Chapter 179 `Zoning' of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To Agriculture,"and WHEREAS, such Local Law must undergo an environmental review pursuant to the State Environmental Quality Review Act(SEQRA)prior to adoption and enactment,and WHEREAS, the Town Board wishes to express its desire to be Lead Agency for such required SEQRA environmental review and has prepared Part I of a Full Environmental Assessment Form(EAF) for use in such environmental review, Regular Town Board Meeting, 11-07-2022, MTG 932 28 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead Agency for SEQRA review of the proposed "Local Law No.: of 2022 to Amend Chapter 179 `Zoning' of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To Agriculture," and authorizes and directs the Town Clerk to send copies of the proposed zoning revisions, completed Part I of the Full EAF and certified copies of Resolution No.: 389, 2022 and this Resolution stating the Town Board's intention to be Lead Agency for SEQRA review to any Involved Agencies as required by law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Town Clerk and/or Department of Planning, Zoning and Community Development Staff to take any and all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING THE USE OF LEAVES AT TOWN TRANSFER STATIONS BY CITIZENS RESOLUTION NO.: 407,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Town of Queensbury receives bagged leaves at the Town Transfer Stations, and WHEREAS, once these leaves build up at the Transfer Stations they become a hazard and a burden for the Town, and WHEREAS,citizens of the Town and surrounding area have expressed interest in taking these leaves from the Town for their own use, and WHEREAS, it would be beneficial to the Town if people took these leaves from the Town Transfer Stations, Regular Town Board Meeting, 11-07-2022, MTG 932 29 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes citizens,even those who are not Town Residents,to take leaves for their use from the Town Transfer Stations, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Town Transfer Station Supervisor to set reasonable rules and policies related to this Resolution and to take all other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING PITNEY BOWES DIGITAL MAILING SYSTEM EQUIPMENT MAINTENANCE AND SUBSCRIPTION SOURCEWELL STATE AND LOCAL TERM RENTAL AGREEMENT RESOLUTION NO.: 408,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,by Resolution No.:257,2018,the Queensbury Town Board authorized a Digital Mailing System Equipment Maintenance and Subscription Agreement with Pitney Bowes for an amount not to exceed $705.13 monthly for 60 months (expiration date of August 2023), and WHEREAS, the Town Clerk has advised that there have been significant problems with the current Pitney Bowes mailing system equipment requiring service and repairs but after months of negotiation,Pitney Bowes has offered to replace the mailing system equipment with a more advanced and capable system which system requires a renewal agreement before the current Agreement's expiration date, and WHEREAS,Pitney Bowes is a participating member of Sourcewell Contracting and Pitney Bowes' proposed renewal Digital Mailing System Equipment Maintenance and Subscription Agreement is a Sourcewell State and Local Term Rental Agreement, Sourcewell Contract ID 4: 011322-PIT(Agreement), and Regular Town Board Meeting, 11-07-2022, MTG 932 30 WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County/State Bid and therefore in this instance, the Town of Queensbury wishes to "piggyback" with the cooperative, municipal purchasing program Sourcewell Contracting for the Agreement, and WHEREAS,the Town Board wishes to authorize such Agreement, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Digital Mailing System Equipment Maintenance and Subscription Sourcewell State & Local Term Rental Agreement with Pitney Bowes (Agreement) for a prorated amount of$789.78 monthly for 69 months per Sourcewell Contract No.: 011322-PIT in substantially the form presented at this meeting to be paid for from the appropriate account(s) as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement substantially in the form presented at this meeting and/or any other needed documentation and the Town Supervisor, Town Clerk and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 409, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 Regular Town Board Meeting, 11-07-2022, MTG 932 31 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 $ Health 004-9060-8060 Insurance 004-5130-4110 Repairs 30,000 004-1990-1010 Contingency 004-5110-4400 Misc. Contractual 10,000 Duly adopted this 7 h day of November, 2022 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PEPE PRODUCTIONS FOR VIDEO SERVICES RELATED TO COMPREHENSIVE PLAN AND ZONING CODE UPDATE RESOLUTION NO.: 410,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to engage the services of a video/media company to prepare a video to inform the public about the ongoing Town Comprehensive Plan and Zoning Code Update project and to promote the upcoming November 30,2022 public information meeting, and WHEREAS, Pepe Productions has offered to provide these professional services for a total not to exceed $2,750, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Pepe Productions for the creation/production of a video related to the Town's Comprehensive Plan and Zoning Code Update for an amount not to exceed $2,750 in accordance with Pepe Productions' October 28, 2022 letter-proposal substantially in the form presented at this meeting to be paid from Misc. Contractual Account No.: 244-8020-4400, and BE IT FURTHER, Regular Town Board Meeting, 11-07-2022, MTG 932 32 RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to transfer $2,750 from the Town's General Fund undesignated, unassigned Fund Balance and effectuate increases in appropriations and estimated revenues as follows: • 001-9950-9030 Transfer to Capital Project- $2,750 • 244-0000-55031 Interfund Revenues - $2,750 • 244-8020-4400 Misc. Contractual - $2,750 and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed proposal and/or documentation and the Town Supervisor, Town Budget Officer and/or Senior Planner to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING NEW PURCHASE PRICE OF AMBULANCE TO BE PURCHASED BY WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 411,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town,which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and Regular Town Board Meeting, 11-07-2022, MTG 932 33 WHEREAS, by Resolution No.: 46, 2020 the Town Board authorized the Squad to purchase an ambulance but the Squad did not end up purchasing such ambulance due to COVID-19 related delays in manufacturing, and WHEREAS, by Resolution No.: 377, 2022, the Town Board, after duly holding the required and noticed public hearing, authorized the Squad to purchase a 2022 Chevy K-3500 Chassis Ambulance at a purchase price not to exceed $186,998 and the Squad's incurrence of approximately $135,000 maximum amount in debt for such purchase, and WHEREAS, the Squad has advised the Town Board that the purchase price of the 2022 Chevy K-3500 Chassis Ambulance is actually $209,228, rather than $186,998, and WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using: 1. $ 40,000 —Trade-in allowance/proceeds from the fair market value sale of its 2016 Ambulance 711; 2. $ 34,228—cash down-payment from its current budget(including); and 3. $135,000 maximum amount of financing at a tax-exempt interest rate of 4.3% fixed for 60 months with the Adirondack Trust Company (amount previously authorized and unchanged from Resolution No.:377.2022); and WHEREAS, the Town Board wishes to adopt a Resolution authorizing the new purchase price, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s purchase of a 2022 Chevy K-3500 Chassis Ambulance at a purchase price not to exceed $209,228 as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 h day of November, 2022 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - Regular Town Board Meeting, 11-07-2022, MTG 932 34 WARRANTS: 10272022 AND 11082022 RESOLUTION NO.: 412,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented as Warrants: 10272022 and 11082022 with run dates of. 10/27/2022 and 11/03/2022 and payment dates of. 10/27/2022 and 11/08/2022 respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 10272022 and 11082022 with run dates of. 10/27/2022 and 11/03/2022 and payment dates of. 10/27/2022 and 11/08/2022 totaling $360,091 and $417,746.26,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. Duly adopted this 7 h day of November, 2022, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION REQUESTING WARREN COUNTY TREASURER TO ADD SUMS TO PROPERTY TAX BILL REGARDING PROPERTY LOCATED AT 32 HOMER AVENUE RESOLUTION NO.: 413, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury sought enforcement of the Queensbury Town Code and the Property Maintenance Code of the State of New York against Judy Pontiff regarding premises situated at 32 Homer Avenue, Queensbury, NY, Tax Map Parcel Number 302.8-1-31, in Supreme Court, Warren County, and Regular Town Board Meeting, 11-07-2022, MTG 932 35 WHEREAS, Supreme Court issued a Judgment dated May 4, 2021 and filed in the Office of the Warren County Clerk on May 4,2021 finding that the premises constituted a public nuisance and authorizing the Town of Queensbury to bring the premises into compliance with the Town Code and the Property Maintenance Code and to charge all such costs against the Defendant as a lien against the real property at issue, to be collected by the Town in the same manner as real property taxes and to be treated as such for all purposes, and WHEREAS, the Town has expended the sum of Thirty-Nine Thousand, Three Hundred Forty-Five Dollars ($39,345.00)to abate the violations and to bring the property into compliance, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the Warren County Treasurer add the sum of Thirty-Nine Thousand Three Hundred Forty-Five Dollars ($39,345.00) to the 2023 real property tax bill for Tax Map Parcel 302.8-1-31 and collect such sum in the manner as all other real property taxes, and BE IT FURTHER, RESOLVED , that the Town Board further authorizes and directs the Town Supervisor to take any further measures required to implement the intent of this Resolution in a form approved by Town Counsel without further Resolution of this Board. Duly adopted this 71h day of November, 2022, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None 5.0 CORRESPONDENCE-None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Remind everyone tomorrow is Election Day and urge supporting Propositions two and three on the back of the ballot,the LOSAP benefits for our volunteer Fire and EMS. • Noted that I respond to every constituent's inquiry. Sometimes when there are multiple inquiries to the same question, I don't respond. Regular Town Board Meeting, 11-07-2022, MTG 932 36 COUNCILMAN FERONE(WARD II1) • Referenced the increasing of the budget and would like to reiterate, it's not something that anyone of us wanted to do. The primary reason was the EMS and it goes back four or five years. It reached a point where we had to do something. We now have the resources for these folks that volunteer and get paid to provide those services. COUNCILMAN FREER(WARD II) • Referred to Budget and Dave Ramsey's philosophy not to carry debt and how much debt is worth risking. I am fine where we are and we certainly did not take this budget lightly. The training and additional staff that we brought on with EMS I think is very important. • Update given regarding the LED conversion and street light purchase. Noted it's an active program and there are some additional street light capabilities that we are investigating. • Strongly urge people to turn over the ballot and vote for the two LOSAP Queensbury propositions. • Referred to tonight's beautiful moon and get up early to watch the total eclipse. COUNCILMAN METIVIER(WARD 1) • Referred to Budget,I think there was a need to bust the tax cap for the last five years. I think this Board had the intellect and nerve to do it and there are no other agendas here but to do what is right. I applaud everyone for where we are with this. • Recognized the recent loss of two Queensbury residents,Paul Schonewolf and George Sicard who were extraordinary individuals and had given so much to their communities. SUPERVISOR STROUGH • Referred to the two referendums dealing with the volunteer Firefighters and volunteer Ambulance workers, noting that they are well deserving of the service award programs. • Announced that NYS DOT will be doing some emergency repairs to the Gurney Lane Bridge effective Wednesday and traffic will be redirected. • Attended Ribbon Cutting for ADK Data and Tech Repair in the Sokol's Plaza. • Recognized the Queensbury Highway Superintendent Dave Duell and his crew for the credit received at the Salt Summit for the progress their making in reducing salt, sand use and increasing Brine use. • Announced that the LGA received national recognition for their efforts with salt reduction. • Received thank you from the Queensbury Youth Football for the Town's support of their organization. • Attended the North Country Storm water Trade Show and Conference. • Assisted Hunter Harrington with his Eagle Scout project of the walkway in the Meadowbrook Preserve. • Reviewed the Queensbury Residential fall lawn and leaf pick up schedule and requirements. • Announced that at this year's New York Assessors Association Fall Conference our Town Assessor, Teri Ross received the George J. Hill Educator Emeritus Award for many years of distinguished and dedicated service as an instructor for New York State Institute of Assessing Officers and the IAO Chairwoman's Award for Exceptional Support Service to the New York State Institute of Assessing Officers. Thank you Teri, we're lucky to have you here. • Showed photo of person that continues to ride motorized cycle through the lower watershed property between Potter Road and Peggy Ann. He needs to stop and has been told this. • Announced the HEAP assistance application period in New York opens as of Tuesday, November I". Applications can be made online and Warren County Department of Social Services can help with the applications. Regular Town Board Meeting, 11-07-2022, MTG 932 37 • Announced that the Christmas tree off Main Street is supposed to be taken down tomorrow to travel to New York City to be placed at the Rockefeller Plaza. • Thanked the public for attending, Security Les, Joel Barlow from Look TV, Town Counsel Mark Schachner, Town Clerk Caroline Barber and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 414,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 7th day of November,2022,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY