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01-23-2023 MTG#3 Regular Town Board Meeting, 01-23-2023, MTG#3 45 REGULAR TOWN BOARD MEETING MTG#3 JANUARY 23, 2023 RES. #41-59 7:00 P.M. BOH. #1-3A L. L. #1-2 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN OFFICIALS STUART BAKER, SENIOR PLANNER (via Zoom) TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 41, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 23rd day of January, 2023, 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 DAVID BARLOW RESOLUTION NO.: BOH 1,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION Regular Town Board Meeting, 01-23-2023, MTG#3 46 SECONDED BY: Mr. George Ferone 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, David Barlow (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 a holding tank system, as the Applicant wishes to replace a wastewater system by installing a holding tank system consisting of two (2)holding tanks each with a capacity of 1,500 gallons for a total capacity of 3,000 gallons, thus meeting and exceeding the required total capacity of 2,000 gallons on property located at 22 Ward Lane in the Town of Queensbury, and WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, a change of deed for the Applicant's property occurred on or about September 1, 2022 and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient; however, the proposed new system is not able to be completed within the required six (6) month time period due to the time of year and timing of permitting, and WHEREAS, the Applicant has therefore applied for a timeline extension or until June 3ra 2023 to install the system and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Town's Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, and WHEREAS, the Local Board of Health will consider this extension request at the time of the public hearing on the requested variance from Chapter 136, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 13t', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David Barlow's sewage disposal variance application concerning property Regular Town Board Meeting, 01-23-2023, MTG#3 47 located at 22 Ward Lane in the Town of Queensbury and bearing Tax Map No.: 240.6-1-6 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 feet of the property as required by law. Duly adopted this 23rd day of January, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF PETER IWANYCKJ RESOLUTION NO.: BOH 2,2023 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, Peter Iwanyckj has applied to the Local Board of Health for variances from Chapter 136 to install a new well on property located at 17 Cleverdale Road(Private Road 41) in the Town of Queensbury with the proposed well to be located: 1. 29' from the existing holding tanks instead of the required 50' setback; 2. 83' from the absorption field instead of the required 100' setback; and 3. 77'from the absorption field 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, February 13d', 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,to consider Peter Iwanyckj's sewage disposal variance application concerning property located at 17 Cleverdale Road(Private Road 41), Queensbury(Tax Map No.: 240.9-1-5) and at that time all interested persons will be heard, and Regular Town Board Meeting, 01-23-2023, MTG#3 48 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 23rd day of January, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Metivier, Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 3A, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 23rd day of January, 2023, 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 Local Law No.: of 2023 to Amend Chapter 179 `Zoning' of Town Code to Amend Zoning Map to Change Zoning District Designation of Tax Map Parcel No.: 302.5-1-49 PUBLICATION DATE: JANUARY 12, 2023 SUPERVISOR STROUGH-Reviewed the proposed Zoning Change for the Silo to expand their parking lot. JON LAPPER-Jon Lapper with Tom Center from Hutchins Engineering. Fred and Frank Troelstra the applicants are behind us. John did a good job of explaining why we are here. The Silo was built at the time that the Northway went in at exit 19 and obviously a lot has changed as the main entrance to the Town now. It is a popular restaurant. It has inadequate parking. The house in the back was owned by their Dad who passed away last year. So now, it gives them the opportunity to demolish it if we get the Zone change and put in 29 parking spaces which should make a big difference. Tom has provided stormwater management as well as permeable pavement in the print for the new lot. We've provided a line of landscaping between this property and the property behind it and we have spoken to the owner of the property behind it and offered to put additional plantings on his property if he is interested. We will talk about that at the Planning Board. The Regular Town Board Meeting, 01-23-2023, MTG#3 49 Planning Board did SEQRA and granted a Neg Dec and also unanimously recommended the Rezoning so with that we think it's kind of important for the Town just because at that bottleneck it's important to have adequate parking and we're all there and it's hard to find a spot. That's really it, and we can answer any detailed questions about the Engineering or anything else. SUPERVISOR STROUGH-Okay, for the purpose of the record just introduce yourself. TOM CENTER-Tom Center with Hutchins Engineering. Thank you. SUPERVISOR STROUGH-Alright, I also wanted to point out that the Planning Board viewed this favorable. I believe the Planning Board did the SEQRA. COUNSEL MARK SCHACHNER-That's correct. SUPERVISOR STROUGH-Counsel, and I believe that the SEQRA was that there would be no large. COUNSEL SCHACHNER-No potentially significant adverse environmental impacts therefore, no Environmental Impact Statement required. Therefore, issued SEQRA Negative Declaration. SUPERVISOR STROUGH-Okay, thank you. So, that's the Planning Board. It did go to the Warren County Planning Department and it was approved by their Planning Department as proposed. There is a public hearing on this tonight so are there any Town Board questions before I open the public hearing? To the Engineer or the Attorney, two agents? Okay, hearing none I will open up the public hearing. Are there any members of the public here today that wish to speak to this proposed amending of the Zoning Code? Again it's the lot just north of the Silo which currently has a house and a piece of property owned by the Silo that be Zoned Commercial Intensive for the purposes of expanding the parking lot. Alright,no one present any attendees have not raised their hand to indicate an interest in speaking to this application. Alright, seeing no interest from the public in the proposed amendment change I'll close the public hearing. CLOSED PUBLIC HEARING RESOLUTION ENACTING LOCAL LAW NO. 1 OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR TAX MAP PARCEL NO.: 302.5-1-49 RESOLUTION NO.: 42,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Garden World Associates, LLC (GWA) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 7, 2022 to allow for a change of zoning district designation for a parcel identified as Tax Map No: 302.5-1-49 from Moderate Density Residential (MDR) to Commercial Intensive (CI), and WHEREAS, GWA has also submitted an application to the Planning Board for Site Plan Review approval to construct a new parking area on said parcel to support the adjacent business, and Regular Town Board Meeting, 01-23-2023, MTG#3 50 WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals regarding permeability requirements of the proposed development of the subject lot in consolidation with the adjacent business, and WHEREAS,the Town Board,by Resolution No.: 334, 2022,referred the application to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, at their meeting of November 29, 2022,the Planning Board accepted SEQRA Lead Agency status and issued a Negative Declaration, and WHEREAS, at the same meeting, the Planning Board also issued a favorable recommendation on the proposed zoning change, and WHEREAS, the Town Board, by Resolution No.: 334, 2022, also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on December 15,2022 the Town received a recommendation from the Warren County Planning Department dated 9/15/2022 to approve the proposed zoning changes, and WHEREAS, on January 23, 2023, the Town Board duly conducted a public hearing concerning proposed Local Law No.: 1 of 2023, heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law No.: 1 of 2023 and wishes to consider adoption of Local Law No.: 1 of 2023 in the form substantially presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 1 of 2023 to amend Queensbury Town Code Chapter 179, "Zoning,"entitled, "A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Amend Zoning Map To Change Zoning District Designation For Tax Map Parcel No.: 302.5-1-49," in the form substantially presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and approved Local Law No.: 1 of 2023 to the Town Planning Board,Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and Regular Town Board Meeting, 01-23-2023, MTG#3 51 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: 1 of 2023 to the New York State Secretary of State for filing in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None LOCAL LAW NO.: 1 OF 2023 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR TAX MAP PARCEL NO.: 302.5-1-49 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation of a±0.32 acre parcel at 2 Carlton Drive from Moderate Density Residential (MDR)to Commercial Intensive (CI), such property bearing Tax Map Parcel No.: 302.5-1-49. SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. SECTION 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed Regular Town Board Meeting, 01-23-2023, MTG#3 52 SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York State Municipal Home Rule Law §27. 2.2 Public Hearing—Proposed Local Law No.: of 2023 to Amend Chapter 179"Zoning" of Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related to Agriculture PUBLICATION DATE: JANUARY 12,2023 SUPERVISOR STROUGH-Reviewed the proposed Local Law. COUNCILMAN FREER-Explained there are differences between what the State regulation allows and what the Town of Queensbury would like in our Town. SUPERVISOR STROUGH-The State suggests 200 feet between uses, more to accommodate an urban situation then our suburban and rural situation. OPENED PUBLIC HEARING SUPERVISOR STROUGH-I will begin with a letter of correspondence that we received January 171h from Michael and James Valenti: We are writing as property owners and taxpayers to ask that the changes to the Town's proposed Local Law amending the Zoning Code to regulate cannabis businesses in the Town that we make changes to that. The Town Board's Resolution setting this public hearing states that one of the purposes of the Local Law is to `foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy'. However, the proposed Local Law is so strict that if it passes as proposed it will prevent a diverse and economically viable cannabis industry from being established in the Town. The proposed Law should be amended to remove the restrictions that prevent cannabis businesses, particularly retail cannabis businesses, from being established near other businesses. The Zoning District where cannabis businesses will be allowed is the Commercial Intensive District, in which there are already a variety of uses in close proximity to each other. The Town should not overly restrict the location of new cannabis businesses within the Commercial Intensive District because according to the Zoning Code this is the area of the Town where Intense Commercial Development is encouraged. This commercial area of the Town should remain available for new commercial development, including new cannabis businesses. The Local Law, as proposed, would prohibit cannabis businesses from being located within 1,000 feet of certain other businesses. The list of other businesses that would prevent a cannabis business from being established includes an amusement center, defined by the Zoning Code as an entertainment facility, and a campground, defined by the Zoning Code as a Commercial Recreational Facility for transient occupation. While some of the other uses on the restricted list, such as Addiction Treatment Providers and School make sense in order to prevent conflicting issues from being too close to each other, the amusement center and campground businesses uses should not be on the restricted list because they are not conflicting uses in a commercial setting. Amusement centers and campgrounds that may be located in or near the Commercial Intensive Zoning District are already allowed to be adjacent to other retail businesses such as liquor and wine stores, as well as places where alcohol is consumed, such as restaurants, nightclubs and taverns. Even places where alcohol is sold or consumed, such as a microbrewery, nightclub or tavern, they are allowed to be adjacent to school or day-care center in the Commercial Intensive Zoning District. There is simply no rational justification for excluding a legal cannabis business, retail or on-site consumption, from Regular Town Board Meeting, 01-23-2023, MTG#3 53 the Commercial Intensive Zoning District simply because a commercial amusement center or campground business may be located within 1,000 feet of the new cannabis business. Amusement center and campground should be deleted from the proposed list of uses that would prohibit a cannabis business from being located within 1,000 feet of those uses. In many instances, those two types of uses are only seasonal, operating for a few months each summer. The presence of these seasonal businesses should not prevent the establishment of year-round businesses in the Commercial Intensive Zoning District where cannabis businesses will be allowed. The Town Board should not adopt a Local Law that sets up some commercial businesses to win and others to not even make it off the ground. Thank you for your consideration of these changes that would help you to reach the Town's goal of promoting "a healthy, diverse and economically viable cannabis industry that contributes to the local economy" in Queensbury. Sincerely, Michael and James Valenti Alright, so with that said is there anybody present who wish to speak to the proposed Law before us tonight? Okay,please introduce yourself for the sake of the record and feel free to speak your mind. ATTORNEY CLAUDIA BRAYMER-Thank you very much Supervisor Strough. I appreciate that. I am Claudia Braymer Attorney with Braymer Law. I don't have any SEQRA issues for you tonight like unlike some of my other topics I usually bring to you. The cannabis is an emerging area of Law so I've done a little bit of research and I've also talked to a colleague down in a different part of the State who works on this a little bit more. The reason I am here tonight is that I am representing the folks who sent in the letter. They want to make sure that their concerns were addressed in public and they were not able to attend tonight so they asked me to come. They did have two really good practical points in their letter requesting the removal of the amusement center and campground from the list of I am going to call them prohibited businesses. That is not exactly right you read it perfectly well Supervisor Strough. I think you got across the point that there is two points there I really want to emphasize. The Commercial Intensive Zoning District is the Zoning District in your Town where you allow the most intense usage and a variety of different commercial uses to be adjacent to each other. And like they mentioned in the letter that even includes schools and campgrounds being right next to other uses that we may not think are, we may not want to participate in those. Or we may have our own personal feelings about it but the fact is,remains that in the Commercial Intensive Zone you can have those uses like a school right next to a liquor store, or a tavern or a night club. So I think those are really good points to make from a practical policy stand point that you should not be prohibiting a cannabis use just because it might be within a 1,000 feet of an amusement center or a campground which are both kind of seasonal entertainment facilities in our area where this would be a full-time legal business. And again, we might not particularly like the use or want to be interested in engaging in that use but the State has already said that this an allowed legal use for adults and the Town has already made the decision that you are not going to opt out of the ability for people to have cannabis businesses. Of course, you have made the decision to allow them only in the Commercial Intensive Zoning District and this is where I get to the two legal points I want to bring to you tonight that I've talked to my colleague about. The Town has the authority to completely zone out cannabis but you have chosen not to do that and you do have the authority to set the Zoning Districts where this is going to be allowed, however, otherwise Town regulation is largely preempted by the new State Cannabis Law. So, in legal terms we, the State has occupied the field. They have taken away your jurisdiction on a lot of these elements. Yes, you still can regulate time,place and manner but if you look in the proposed regulations and in the Cannabis Law itself the State Law, it talks about the restrictions on the distances between uses. So, as was mentioned there is in the proposed rule a distance of 200 only 200 feet for houses of worship and then it would be a little bit bigger 500 feet for schools and otherwise there is no prohibition of restriction on distances between other types of uses. They do have in the proposed rules the community facilities, which are, defined a little bit differently than what you guys have in your proposal. So I would suggest that if you were going to take a little bit more time to look at this,that you revamp that list and make it match what the State is Regular Town Board Meeting, 01-23-2023, MTG#3 54 using for their the different lists, the different uses that they have under community facilities which includes things like daycares and public parks and things like that. It's sort of close to what you have but it doesn't mirror it exactly and it says in those proposed rules from the State that you cannot impose a restriction at least this is how I am reading it of a distance that is greater than 500 feet between the cannabis use and one of those community facilities. So, again our bottom line request is that you remove the amusement centers and campgrounds from your list if you leave it the way it is or change it to community facilities and reduce it that down to 200 feet or at most 500 feet. So, I know that may require you to take a little bit more time but I do think it is important that you get this right and do it once and hope that gets through the State without too many hurdles. I did double check the comment period for the State proposed regulations is until February 13t'. So I think if you make a few changes and looked at this again at a future meeting you still have time to put in comments from the Town Board. Thank you for your consideration. SUPERVISOR STROUGH-Thank you. Anybody else from the public? Yes, sir. Yes, come on down. State your name for the record please. NICK CHIARAVALLE-Yes, my name is Nick Chiaravalle, resident of Queensbury. I just wanted to say that I am very happy for the opportunity and excellence that the Town Committee and Board Meeting is putting together doing these rules and regulations. I just wanted to say that I look forward to the opportunities the cannabis businesses is going to be coming forward to Queensbury and the opportunities of the new jobs that will be creating for Queensbury. I just wanted to say thank you. Thank you for listening and taking the time and your efforts putting together this agreement and stuff you are doing for today. SUPERVISOR STROUGH-Okay,thank you. MR. CHIARAVALLE-Thanks. SUPERVISOR STROUGH-Anybody else present? Anybody online? All right, so as Ms. Braymer said New York State is proposing some changes. They are taking public input on those proposed changes and will do so until mid-February. Yes, we are allowed to restrict time, place and manner and we don't believe that what the State is proposing will hold up. As a matter of fact,we would like to have some input to the State as to what they are proposing may not be fully agreeable to your more rural communities. And that if they wish to make it more agreeable to the more rural communities than they should change something that definitely looks urban in its structure and appearance. So, and to put things in perspective,the Valentis used to own the Agway or what used to be Agway. They still own the building on the site. There's been one proposal to locate cannabis sales perhaps use I'm not sure maybe both if you get both licenses. It is two separate licenses. There was some concern by some members of the Town Board who may or may not speak up tonight that its proximity to the Lake George Campsites where families and little kids are located and its proximity to what used to be Skateland,the Fun Spot with the go carts and the kids and the families and everything. The other thing that I want to point out is that anything we do adopt and this is Law you can go to the Zoning Board and request a variance from the Law. So, if we say a 1,000 feet and you're 600 feet and you have a good argument, the Zoning Board may give you a variance. So you have different options. All right, so seeing again any member of the public wish to speak to this here? Attending through Zoom? All right, let me close the public hearing. CLOSED PUBLIC HEARING SUPERVISOR STROUGH-Town Board discussions? Then will do SEQRA. TOWN COUNSEL SCHACHNER-Sure, if we get there. Regular Town Board Meeting, 01-23-2023, MTG#3 55 COUNCILMAN MCNULTY-John,to Ms.Braymer's comment,comments are due by February 13t'. That is our next day so we would not have the chance to meet to vote again on this until February 13t'. Our original intent was to do this, to have our regulation so we could submit it to the State and say this is what we want and think is a good idea. I understand the points she made and I read the letter also but I think going forward is what we want. It's what the Town of Queensbury would like to see going forward and we'd like to get that in front of the State so they have that as part of the comments that they are reviewing. SUPERVISOR STROUGH-Okay. COUNCILMAN FERONE-I think in a previous Workshop I was the one who was vocal about in particular the individual that came talking about the former Agway property there. I mean that is a corridor where again you just said it the Great Escape, Martha's all of these different venues the mini putt putt golfs and all of that. It is very family oriented. I just didn't see a cannabis business in the middle of all of that being the right place for that. So, now again I think that the Valenti's had some very well thought out ideas. They made me second-guess the issue of you know 1,000 feet whether that is maybe too much even though we are a suburban area not an urban area. But I think we've had enough conversation. I think we all felt comfortable where we were and in a good spot to submit what we have put together. So I am fine if we want to move forward with what we have. SUPERVISOR STROUGH-Okay and we do have a map which shows the commercial zones and what is this Stu, the areas in the dark red all the areas where cannabis sales and use will be allowed? Even with the 1,000 foot setback? SENIOR PLANNER BAKER-I don't have the map in front of me but the map does show. SUPERVISOR STROUGH-Yes, it is red and on the map it says cannabis sales and use locations. So all the areas in dark red are areas that would be allowed, quite a few areas. SENIOR PLANNER BAKER-Yes, in total that's about 192 parcels. SUPERVISOR STROUGH-So, it's not overly restrictive and if there's a good rational foundation for doing so we will alter and amend the Law as we progress forward. Okay. COUNCILMAN FREER-John, I guess my thoughts are we're already taking on the 500 feet to a 1,000 feet on some of the more important I guess and public kind of things. So you know they make a good case about at least for us to consider aligning closer to the State and that's what we did by going from 1,500 to a 1,000. My concern is if we have a list that includes more than a handful or more than two handfuls of zones that may weaken our position to work on the things that I think we are all more agreeable to schools, houses of worship and that kind of thing. So, as we move forward if we do this, this evening and adopt this Law I think we're, we're we need to go in with our eyes open that we're going to I'll say weaken our arguments to the State and to get them to shift a little bit more toward. They are not going to buy everything that we say as my experience with bureaucracy but you know in good faith if we show that we've taken the input from the community which I didn't see any other input from any public source other than the two inputs that we have today. I'm just worried that we're going to show up and not get a fair say because we sort of tried to oversell this. SUPERVISOR STROUGH-Any last thoughts? COUNCILMAN METIVIER-I just wanted to mention when the folks came in front of us to talk about the Agway building at first I thought it was a terrific idea because I worry about that building that you are not going to see too many businesses come along that want something like that. So I was excited but when I mentioned what's the name going to be and they threw cannabis in the name which surprised me. It was a deal breaker for me because up until that point you can pretty much obscure Regular Town Board Meeting, 01-23-2023, MTG#3 56 any business you want but unless you have cannabis and big lights in front of you as you're driving to the Fun Spot or the Great Escape and you are going to have kids driving by and of course the next conversation going to be what's cannabis? That was where Ms. Braymer, I was totally like taken back by that and they were adamant about it so I was kind of like well that really is a deal breaker for me. Up until that point I thought it was a great use but you know and that's what we've been dealing with all along. What are the implications of this going to be and this particular case they came right out and said it's going to be cannabis. I just think that is going to be an issue. I just think that is setting the wrong precedence and I am not saying that you can't advertise and you can't have your own name but in that particular area and that particular building if they had just said anything else I would have been much more apt to be in favor of it. That was totally a deal breaker. SUPERVISOR STROUGH-Okay, anything else? COUNCILMAN METIVIER-No,not really. I just understand. SUPERVISOR STROUGH-All right, Town Counsel Mark Schachner would you please guide us through the SEQRA process. TOWN COUNSEL SCHACHNER-All right,so we are looking at Part two of the Full Environmental Assessment Form. Part one already having been previously completed although it needs to be dated, Stu or Supervisor, I'm just reminding you that Part one needs to be dated. Just before we go through again this happens semi-frequently especially with zoning amendments you may find boy it doesn't really seem like the questions really apply to this type of activity or action which is the amendment to the Zoning Law but the more concert,one could argue that it's not even defined as an action subject to SEQRA review but the most appropriate approach we believe is treat it as an action subject to SEQRA review go through the Environmental Assessment Form which if you are ready we can do right now? You already have Part one. You've already reviewed Part one and again remember that in Part two of the what's called the Full or Long Environmental Assessment Form there are threshold questions eighteen of them. If the answer to any of the eighteen threshold questions is no you don't need to look to the sub questions under any of those items. If the answer is affirmative to any of the threshold questions then we look to the sub questions underneath them. SUPERVISOR STROUGH-Can we make the point to the public that no doesn't mean no impact? It means small impact may occur. TOWN COUNSEL SCHACHNER-Well no, means no impact but if you believe that is small impact is a possibility but nothing larger than a small impact. Then one of the in my opinion weakness' of the SEQRA form is the answer is in the same column. So whether you feel if something doesn't have an impact at all then the answer is no this is in the sub questions we would be checking the first column which is no or small impact. If you feel that this would only come up when we get to the sub questions but if you feel that one of the sub questions causes a small impact you check the very same box as if you feel that it has no impact. Many people, myself included,find that not very user friendly and not very commonsense or logical. Neither I nor my colleagues or anybody else in this room are the authors of the SEQRA forms. But the threshold question is really more of a black,white,yes,no. Will there be an impact in whatever the threshold question is. If the answer is affirmative, then we go through the sub questions and get to the no or small or moderate to large. If the answer to the threshold question is no impact at all, we don't get to the sub questions. I don't know if any of that makes sense. That's pretty much the best I can do and I do this all the time. It's just not a very,we've done it here many times but it's not a very user friendly document in my opinion and many other people's opinions. SUPERVISOR STROUGH-Thank you. Okay, let's begin. Regular Town Board Meeting, 01-23-2023, MTG#3 57 TOWN COUNSEL SCHACHNER-Okay, so remember that the proposed action here is the amendment to the Zoning as previously described and is set forth in the Environmental Assessment Form. FULL ENVIRONMENTAL ASSESSMENT FORM PART 2 —IDENTIFICATION OF POTENTIAL PROJECT IMPACT 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1.D.1) If"yes", answer questions a-j. If"No", move on to Section 2. X No Yes 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2g) If"Yes", answer questions a-c. If"No", move on to Section 3. X No Yes 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2h) If"Yes", answer questions a-l. If"No", move on to Section 4. X No Yes 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. X No Yes 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1.E.2) If"Yes", answer questions a-g. If"No", move on to Section 6. X No Yes 6. Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1.D.2.£, D,2,h, D.2.g) If"Yes", answer questions a-f. If"No", move on to Section 7. X No Yes 7. Impact on Plants and Animal The proposed action may result in a loss of flora or fauna. (See Part 1.E.2 m-q.) If"Yes", answer questions a-j. If"No", move on to Section 8. X No Yes 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) If"Yes", answer questions a-h. If"No", move on to Section 9. X No Yes 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in short contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.1.A, E.Lb, E.3.h). If"Yes", answer questions a-g. If"No", go to Section 10. X No Yes 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1.E.3.e, f. and g.) Regular Town Board Meeting, 01-23-2023, MTG#3 58 If"Yes", answer questions a-e. If"No", go to Section 11. X No Yes 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a reduction of an Open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c, E.l.c., E.2.q.) If"Yes", answer questions a-e. If"No", go to Section 12. X No Yes 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area(CEA). (See Part 1.E.3d) If"Yes", answer questions a-c. If"No", go to Section 13. X No Yes 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. (See Part 1.D.2.j) If"Yes", answer questions a-g. If"No", go to Section 14. X No Yes 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1.D.21) If"Yes", answer questions a-e. If"No", go to Section 15. X No Yes 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If"Yes", answer questions a-f. If"No", go to Section 16. X No Yes 16. Impact on Human Health The proposed action may have an impact on human health from exposure To new or existing sources of contaminant. (See Part 1.D.2.q., E.l.d.f.g. and h.) If"Yes", answer questions a-m. If"No", go to Section 17. X No Yes 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1.C.1, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. X No Yes 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1.C.2, C.3, D.2, E.3) If"Yes", answer questions a-g. If"No", proceed to Part 3. X No Yes RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE RESOLUTION NO.: 43,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 01-23-2023, MTG#3 59 WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture, and WHEREAS,the amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with State regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy and ensure that environmental, public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed, and WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: 2 of 2023 to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and WHEREAS, by Resolution No.: 406, 2022, the Town Board declared Lead Agency status for SEQRA review, and WHEREAS, by Resolution No.: 470, 2022, the Town Board also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on or about December 27, 2022 the Town received a recommendation from the Warren County Planning Department to approve the proposed zoning changes, and WHEREAS, by Resolution No.: 389, 2022, the Town Board referred the proposed zoning changes to the Adirondack Park Agency, and WHEREAS, on November 21, 2022 the Adirondack Park Agency issued a letter notifying the Town that the proposed zoning changes in the proposed Local Law affecting the Town's Agency Approved Local Land Use Program are approved, and WHEREAS, on January 23, 2023, the Town Board duly conducted a public hearing concerning proposed Local Law No.: 2 of 2023, heard all interested parties and closed the public hearing, and WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act(SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 2 of 2023 and finds that no significant adverse environmental impacts are expected to result, and Regular Town Board Meeting, 01-23-2023, MTG#3 60 WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law No.: 2 of 2023 and wishes to consider adoption of Local Law No.: 2 of 2023 in the form substantially presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes to the Town Zoning Code will not result in any large or important detrimental impacts and will not have a significant adverse impact on the environment, and therefore declares a Negative Declaration under SEQRA and authorizes the filing of a SEQRA Negative Declaration-Notice of Determination of Non-Significance for this action, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Senior Planner to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 2 of 2023 to amend Queensbury Town Code Chapter 179, "Zoning," entitled, "A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Uses Requirements Related to Agriculture"in the form substantially presented at this meeting to: (1) amend §179-2-010, entitled"Definitions and word usage, (2) amend §179-10-070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and approved Local Law No.:2 of 2023 to the Town Planning Board,Town Zoning Board of Appeals,Town Zoning Administrator,Warren County Planning Department and the Adirondack Park Agency in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: 2 of 2023 to the New York State Secretary of State for filing in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, and Regular Town Board Meeting, 01-23-2023, MTG#3 61 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None LOCAL LAW NO.: 2 OF 2023 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE BE IT ENACTED BY THE TOWNBOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS. Section 1. Intent—The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with state regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensure that environmental,public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed. Section 2. Enacting Authority — This Local Law is enacted pursuant to the New York Municipal Home Rule Law, Section 131 of the New York Cannabis Law, and Chapter 179 of the Code of the Town of Queensbury, as authorized by the New York State Constitution, the New York Municipal Home Rule Law, and other relevant provisions of the Town Law of the State of New York. Section 3. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: A. Section 179-2-010, entitled "Definitions and word usage" is amended as follows: Regular Town Board Meeting, 01-23-2023, MTG#3 62 C. As used in this chapter or in the appendixes thereto, unless the context otherwise requires, the following terms shall have the meanings indicated: AGRICULTURAL RETAIL SALES. A small—scale retail facility for sales of agricultural products grown or raised on the site or other properties owned or leased by the agricultural use operator, and pre packaged goods processed from onsite agricultural production. AGRICULTURAL SERVICE USE: Any storage or processing facility directly and customarily related to an agricultural use. Agricultural Service Use may include an associated agricultural retail sales business. Examples include milk processing, feed storage, crop storage, and crop processing. AGRICULTURAL USE: Any management of any land for agriculture: the raising and keeping of cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture; silviculture or orchards, including the sale of products grown or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. Agricultural Use may include greenhouses. CANNABIS BUSINESS, ON-SITE CONSUMPTION.A cannabis related business requiring a license from New York State to operate an Adult-use On-Site Consumption business.An on-site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on- site consumption location. CANNABIS BUSINESS, RETAIL:A cannabis related business requiring a license from New York State to operate an Adult-use retail dispensary authorized to acquire, possess, sell and deliver cannabis to consumers. COMMERCIAL NURSERY.•A nursery with one or more greenhouses totaling 300 square feet or more of area. GREENHOUSE: A building whose reef and sides o made lafgely f glass of the f t,-,,,spafo„� of*r^ sitteent material in which the temperature, lighting a*d or humidity can be regulated for the cultivation of delieate of etA of seaseft plants for subsequent sale or personal enjoyment. A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A greenhouse under 300 square feet shall be considered accessory to a residential use. PARK.A publicly owned tract of land designated and used by the public for active and/or passive recreation. B. Section 179-10-070, entitled "Specific Standards" is amended as follows: Q. Nurseries and Commercial Nurseries. (1) Nurseries must be on lots of at least 10 acres in size. Regular Town Board Meeting, 01-23-2023, MTG#3 63 (2) Nurseries shall include a management plan for pesticides, herbicides, and fertilizers. Such plans shall include application, usage, storage, and surface water and groundwater quality protection details. (3) Any Planning Board approval may require annual surface water and groundwater quality testing. EE. On-Site Consumption Cannabis Business & Retail Cannabis Business. On-site Consumption and Retail Cannabis businesses are subject to the New York State Cannabis Law with the following specific standards: (1) Such businesses shall not be located within a one thousand(1,000)foot radius of another premises for which a license of the same type has been issued by New York State, such distance to be measured horizontally on a straight line from the property line of the lot first occupied by a licensed cannabis business. (2) An On-Site Consumption Cannabis Business or Retail Cannabis Business shall not be located within one thousand (1,000)feet from the following uses, such distance to be measured horizontally on a straight line from the nearest property line of the lot to be occupied by the proposed On-Site Consumption Cannabis Business or Retail Cannabis Business. (a) Addiction Treatment Providers certified by the New York State Office of Addiction Services and Support (b) Amusement Center (c) Campground (d) Day-care Center (e) Day-care Home (f) Health-related facility (g) Parks (h) Place of Worship (i) Playground 6) Public or Semi-public building (k) School (3) Hours of Operation: On Site Consumption Cannabis Business or Retail Cannabis Business shall not open before 9AM nor remain open after 9pm Monday through Saturday, and shall not open before 12pm nor remain open after 6pm on Sunday. (4) Lighting and Security: Motion detectors or timers should be considered as part of any lighting plan. Fencing that may be required should include materials and aesthetics that provide security but do not create a negative visual impact. (5) Application requirements. (a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the Zoning Code. Regular Town Board Meeting, 01-23-2023, MTG#3 64 (6) All special use permits issued under this Subsection shall contain a condition that the Retail Cannabis Business or On-Site Consumption Cannabis Business shall not operate, and the special use permit shall not be valid, until the applicant has obtained all licenses and permits issued by the State of New York and any of its agencies for the dispensary. (7) A special use permit granted under this Subsection shall have a term limited to the duration of the applicant's use of the premises as a Retail Cannabis Business or On- Site Consumption Cannabis Business. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (8) Revocation of Special Use Permit. (a) Any violation of this Subsection shall be grounds for revocation of a special use permit issued under this Subsection. (b) Revocation or expiration of a license by New York State shall be grounds for revocation of the special use permit. FF. Agricultural Service Use (1) All special use permits issued under this Subsection shall contain a condition that the use shall not operate, and the special use permit shall not be valid, until the applicant has obtained any licenses and permits required by the State of New York and any of its agencies for such use. (2) Revocation of Special Use Permit. (c) Any violation of this Subsection shall be grounds for revocation of a special use permit issued under this Subsection. (d) Revocation or expiration of any license that may be required by New York State for the Agricultural Service Use shall be grounds for revocation of the special use permit. (3) A special use permit granted under this Subsection shall have a term limited to the duration of the applicant's ownership and use of the premises as an agricultural services use. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (4) Application requirements. (a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the zoning code. C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is amended as follows: Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential Regular Town Board Meeting, 01-23-2023, MTG#3 65 LC-10 PR-10 RR-3 Residential Use LC-42 MDR NR PR-42 RR-5 WR Table AgFiet t,, a4 SPR Agricultural Retail SPR SPR Sales D. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is amended as follows: Commercial Commercial Commercial Enclosed Main Neighborhood Intensive— Shopping Office Recreation Commercial Moderate Intensive Exit 18 Center Street Commercial Commercial Use Table CM CI CI-18 ESC MS NC O RC <600 feet >600 feet from arterial from arterial Cannabis business,on-site SUP consumption Cannabis SUP business,retail E. Table 4, entitled "Summary of Allowed Uses in Industrial Districts" is amended as follows: Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-LI CLI HI Agricultural service use -SPR SUP Commercial Nursery SUP Section 3. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4. Repealer—All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date—This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) Regular Town Board Meeting, 01-23-2023, MTG#3 66 LINDA CLARK-Thanked the Town Board on passing the Law on the Cannabis location. Spoke regarding resolution 4.5, `Resolution Authorizing Hiring of Robert Metivier as Temporary Laborer in Town Water Department to Perform Inspections for Shore Colony Water District'. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF ROBERT METIVIER AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO.: 44,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Water Superintendent has requested Town Board authorization to hire a part time, Temporary Laborer to work for the Town's Water Department during the summer to perform inspections at Shore Colony to meet New York State Department of Health requirements, and WHEREAS, funds for such position have been budgeted for in the 2023 Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Robert Metivier is the brother of Town Councilperson Anthony Metivier, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert Metivier as apart time,Temporary Laborer to work for the summer in the Town's Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, commencing on or about May V,2023 and ending on or about October 3 V,2023 at a rate of$18.50 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January,2023,by the following vote: AYES: Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None ABSTAIN: Mr. Metivier Regular Town Board Meeting, 01-23-2023, MTG#3 67 RESOLUTION AUTHORIZING AGREEMENT WITH ADIRONDACK PARK LOCAL GOVERNMENT REVIEW BOARD RESOLUTION NO.: 45,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Adirondack Park Local Government Review Board (Review Board) was created by the New York State Legislature and is composed of representatives appointed by the County Legislatures of those counties lying in whole or in part within the Adirondack Park, and WHEREAS, the State Legislature provided only partial funding for the Review Board to perform its statutory functions as set forth in Executive Law §803-a, and recently reduced such funding by fifty-three percent(53%), and WHEREAS, the Town of Queensbury wishes to provide $300 in funding to support the Review Board's work in representing the interests of the Adirondacks' local governments, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Town of Queensbury to enter into an Agreement with the Adirondack Park Local Government Review Board and authorizes and directs the Town Supervisor to sign the Agreement in the form substantially presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of$300 to the Review Board as provided for in the Agreement,to be paid from Miscellaneous Contractual Account No.: 001-1220-4400, and authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer to execute any other needed documentation and take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough Regular Town Board Meeting, 01-23-2023, MTG#3 68 NOES None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM GERALDINE GILBERT RESOLUTION NO.: 46,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Town of Queensbury Cemetery Commission previously sold 18 cemetery lots in the Pine View Cemetery to Geraldine Gilbert in Iroquois Plot,Lot No.: 3 (12 lots)and Iroquois Plot,Lot No.:4(6 lots to the east), and WHEREAS, Geraldine Gilbert by her son John Duffy as Power of Attorney has requested that the Town's Cemetery Commission buy back such lots, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re- purchase of such lots and approval by the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re- purchase of 18 cemetery lots in the Pine View Cemetery from Geraldine Gilbert in Iroquois Plot, Lot No.: 3 (12 lots)and Iroquois Plot,Lot No.:4 (6 lots to the east)for the total amount of$4,800, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Cemetery Superintendent to arrange for payment of such amount to John Duffy(as Power of Attorney for Geraldine Gilbert) at 12 Hillcrest Avenue, Queensbury,New York 12804 and properly account for the sales in the Town's books and records, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Cemetery Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January,2023,by the following vote: AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough NOES None ABSENT: None Regular Town Board Meeting, 01-23-2023, MTG#3 69 RESOLUTION AUTHORIZING 2023 AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO.: 47,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 Town Board wishes to provide funding to the Queensbury Land Conservancy in an amount not to exceed $20,000 with occupancy tax revenues received from Warren County and accordingly enter into a 2023 Agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town, 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, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2023 Agreement between the Town and the Queensbury Land Conservancy 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 $20,000 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 $20,000; • Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$20,000; 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. Regular Town Board Meeting, 01-23-2023, MTG#3 70 Duly adopted this 23 d day of January,2023,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF $5,000 FROM ADIRONDACK CYCLING ADVOCATES FOR REIMBURSEMENT OF TRAIL BUILDING COSTS RESOLUTION NO.: 48,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Adirondack Cycling Advocates (ACA), formerly known as the Warren County Safe & Quality Biking Organization, has offered to reimburse the Town of Queensbury Parks and Recreation Department $5,000 towards the Town's costs of building mountain bike trails along the Rush Pond Corridor, and WHEREAS,the Town Board is honored by this generous offer,feels that such reimbursement will benefit Town residents, and therefore wishes to approve and authorize such reimbursement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the reimbursement of$5,000 from Adirondack Cycling Advocates (ACA) towards the Town's costs of building mountain bike trails along the Rush Pond Corridor, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to deposit the$5,000 and increase the Rush Pond Capital Improvement Account No.: 166-8020-2899 by$5,000 and the Gifts and Donations Revenue Account No.: 166-0000-52705 by $5,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Director of Parks and Recreation to send a certified copy of this Resolution to ACA with a letter from the Town thanking ACA for its generosity. Duly adopted this 23rd day of January, 2023, by the following vote: Regular Town Board Meeting, 01-23-2023, MTG#3 71 AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF NEW FEE SCHEDULE FOR TOWN TRANSFER STATION(S) RESOLUTION NO.: 49,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Town of Queensbury's Transfer Station Supervisor has recommended that the Town Board authorize revisions to certain fees collected at the Town's Transfer Station(s) and adoption of a new Fee Schedule, and WHEREAS,the Town Board has reviewed the proposed new Fee Schedule, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes revisions to certain fees collected at the Town's Transfer Station(s)and adoption of a new Fee Schedule for the Town Transfer Stations in substantially the following form: ------------------------------------------------------------------------------------------------------------------------- Transfer Station(s) Fee Schedule Item Proposed Fee • Household trash- 0-16 gallon trash bag/container $ 3 each • Household trash- 17-48 gallon trash bag/container $ 5 each • Household trash-49-90 gallon trash bag/container $ 9 each • Mattress or Box Springs $15 each • Crib Mattress $ 8 each • Large 3 Person Sofa $20 each • Sectional Sofa $15 per section • Love Seat $15 each • Large Chair $15 each • Misc. material $25 per cubic yard • Construction and Demolition (C&D) $30 per cubic yard (One cubic yard max per load. No large timbers, long boards, roofing or sheetrock; Regular Town Board Meeting, 01-23-2023, MTG#3 72 Larger loads of C&D should be taken to Ace Carting in Fort Ann or Hiram Hollow in Gansevoort) • Compost material (leaves, grass, pine needles) $ .50 per bag for 8 or more bags • Compost material (leaves, grass, pine needles) $ 4 per car or pickup truck load • Compost material (leaves, grass, pine needles) $15 per larger truck/trailer load (Plastic bags must be emptied out. No lumber or other trash in the compost pile) • Brush $15 per average pickup truck load • Brush $25 per larger truck/trailer load (No lumber or other trash in the brush pile) • Appliances containing refrigerant $20 each • Propane tanks $ 8 each • Car and pickup truck tires $ 7 each(off the rim) • Car and pickup truck tires $ 9 each(on the rim) • Electronic Waste (E Waste) Free **No Hazardous Waste (i.e., Paint, Stains and Automotive Fluids)** "All Loads Subject to Town Inspection" ------------------------------------------------------------------------------------------------------------------------- and BE IT FURTHER, RESOLVED,that the new Fee Schedule shall take effect as of February 1st, 2023, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Transfer Station Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the new fee schedule in substantially the form presented in the preambles of this Resolution. Duly adopted this 23rd day of January, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None Regular Town Board Meeting, 01-23-2023, MTG#3 73 RESOLUTION AUTHORIZING DEPUTY TOWN CLERK II BETTY MURPHY TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 50,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Deputy Town Clerk II, Betty Murphy, accumulated two (2) vacation days that she was unable to use before December 3I st, 2022 and therefore has requested Town Board approval to carry over these vacation days beyond December 3I st, 2022, and WHEREAS, the Town Clerk has recommended approval of this request and therefore the Town Board wishes to approve it with the understanding that such approval shall not be considered as a precedent for approval of any future requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the carryover of two (2)vacation days beyond December 3I st, 2022 by Deputy Town Clerk II Betty Murphy, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT : None RESOLUTION AWARDING BID FOR SODIUM HYPOCHLORITE RESOLUTION NO.: 51,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury duly advertised for bids for Sodium Hypochlorite in accordance with Town Water Department Bid Specifications, and Regular Town Board Meeting, 01-23-2023, MTG#3 74 WHEREAS,the Town's Purchasing Agent and Water Superintendent have reviewed the bids and recommended that the Town award the bids to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid to the lowest responsible Bidder for the Sodium Hypochlorite to Surpass Chemical Co. for the amount of$2.36 per gallon to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER RESOLVED,that such bid award shall be effective through May 31 st, 2023 with an option at such time to extend such bid award for up to two (2) additional six (6) month periods or through November 30d',2023 or May 31 st,2024,with any extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges, add-ons or tariffs to be added, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION #4 TO SERVE OLDE COACH MANOR, 565 BAY ROAD PROPERTY RESOLUTION NO.: 52,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the Olde Coach Manor located at 565 Bay Road in the Town of Queensbury, New York(Tax Map No.: 296.11-1-45) referred to as the "Property" in accordance with New York Town Law Article 12-A, and Regular Town Board Meeting, 01-23-2023, MTG#3 75 WHEREAS, a Map, Plan and Report has been prepared by IBL Engineering Associates (Map, Plan and Report) concerning the proposed Sanitary Sewer District Extension No. 4 (Extension No. 4) 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 No. 4, 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,on December 5t',2022 subsequent to the filing of the Map,Plan and Report with the Town Clerk,the Town Board adopted an Order(Public Hearing Order)reciting(a)the boundaries of the proposed Extension No. 4;(b)the proposed improvements;(c)the maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the improvements including the one-time buy-in cost and Town connection fee will be paid by the developer of the property and not the Town of Queensbury; (e)the estimated cost of hook-up fees(if any)and the estimated annual cost of the Extension No. 4 to the property in the Extension No. 4; (f) the proposed method of financing to be employed (no financing required); (g) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and(h)the time and place of a public hearing on the proposed Extension No. 4; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also placed on the Town's website, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Extension No. 4 to the Property were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS,the estimated annual cost of the Extension No.4 to the parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, on Monday, December 19t', 2022, the Town Board duly held a public hearing concerning Extension 44, duly heard all interested persons, considered the evidence and information, Regular Town Board Meeting, 01-23-2023, MTG#3 76 and in accordance with provisions of the State Environmental Quality Review Act, by Resolution No.: 453,2022 determined that Extension 44 would not have a significant effect on the environment and approved a Negative Declaration concerning environmental impacts, and WHEREAS, on December 19t', 2022 the Town Board adopted Resolution No.: 454,2022 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within proposed Extension 44 would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of proposed Extension 44, and (d) it is in the public interest to establish, authorize, and approve Extension 44 as described in the Map,Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of Extension 44 to be as described in the Map, Plan and Report and Public Hearing Order, subject to Permissive Referendum in the manner provided in New York State Town Law Articles 7 and 12-A and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the Notice required for Resolutions subject to Permissive Referendum and no Petition for Referendum was bled within 30 days after the date of the Resolution, and the Town Clerk has caused a Certificate to that effect to be filed in the Warren County Clerk's Office, and WHEREAS,the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish proposed Extension 44 as detailed in the Map,Plan and Report in accordance with New York State Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Greater Queensbury Consolidated Sanitary Sewer District Extension 44 be established as described in this Order and in the Map, Plan and Report prepared by IBL Engineering Associates having extension boundaries as detailed in the metes and bounds description from the Town's Public Hearing Order Resolution No.: 437,2022 dated December 5t', 2022 and attached hereto as Schedule A and the improvements described in the Map, Plan and Report be constructed and the service within the District be provided upon the required funds being made available or provided for, and BE IT FURTHER, ORDERED,that the Queensbury Town Board hereby authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Warren County Clerk's Office and filed in the Office of the New York State Department of Audit and Control in the time and manner required by law, and Regular Town Board Meeting, 01-23-2023, MTG#3 77 BE IT FURTHER, ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None SCHEDULE A — Metes and Bounds Description PARCEL I All that certain plot, place or parcel of land, situate in the Town of Queensbury, Warren County, New York, being part of Lot 38 in the First Division of the Queensbury Patent and located on the west side of County Road No. 7, also known as the Bay Road, in said town, and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of the Bay Road where said westerly bounds are intersected by the northerly line of lands conveyed to John M. Hughes by Emil and Bertha Yagar by deed dated December 30, 1975, and recorded in the Warren County Clerk's Office in Book 593 of Deeds, page 1021, and which point of beginning is situate at a distance of 789.73 feet, northerly, measured along said westerly bounds from the northerly line of the town highway known as Walker Lane; RUNNING THENCE from the place of beginning, North 84 degrees 07 minutes west, along the northerly line of said lands conveyed by Yagar, for a distance of 747.42 feet, more or less, to the northwesterly corner of the said lands conveyed by Yagar; THENCE North 87 degrees 11 minutes west, along a wire fence marking the northerly bounds of lands now or formerly of John H. Dorlon, for a distance of 533 feet, more or less, to a point in the easterly line of lands now or formerly of the Ethyl Chesbro Estate; THENCE North 10 degrees 50 minutes east, along a stone wall and wire fence marking the easterly line of said lands of the Chesbro Estate, for a distance of 473 feet, more or less, to a point in the southerly line of lands of Bray Terminals, Inc.; THENCE South 82 degrees 51 minutes east, along the remains of a wire fence marking the southerly line of said lands of Bray Terminals Inc., for a distance of 1062.3 feet, more or less, to the northwesterly corner of lands conveyed by Mary L. Spector to John M. Hughes by deed dated February 6, 1978, and recorded in the Warren County Clerk's Office in Book 611 of Deeds, page 940; THENCE South 06 degrees 27 minutes west, along said lands conveyed by Spector, for a distance of 100 feet; THENCE South 82 degrees 51 minutes east, along the southerly bounds of said lands conveyed by Spector, for a distance of 185 feet, more or less, to the westerly bounds of the Bay Road; Regular Town Board Meeting, 01-23-2023, MTG#3 78 THENCE South 07 degrees 11 minutes west, along Bay Road, for a distance of 315 feet, more or less, to the point of beginning, and containing 12.18 acres, more or less. PARCEL II All that certain plot, place or parcel of land, situate in the Town of Queensbury, Warren County, New York, being part of Lot 38 in the First Division of the Queensbury Patent and located on the west side of County Road No. 7, also known as the Bay Road, in said town, and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of Bay Road at the southeasterly corner of lands conveyed by the Glens Falls Country Club to Bray Terminals, Inc.,by deed dated October 10, 1980 and recorded in the Warren County Clerk's Office in Book 634 of Deeds, page 610; RUNNING THENCE from the point of beginning, South 07 degrees 11 minutes west, along the westerly bounds of Bay Road, for a distance of 100 feet, more or less, to the northeasterly corner of lands conveyed by Edward L. Nadeau. SCHEDULE A Referee to John M. Hughes, by deed dated June 5, 1970 and recorded in said Clerk's Office in Book 523 of Deeds, page 229; THENCE North 82 degrees 51 minutes west, along said lands conveyed by Edward L. Nadeau, Referee, for a distance of 185 feet, more or less, to a point in the easterly line of lands conveyed by William and Claire Aronson to John M. Hughes by deed dated February 26, 1968 and recorded in said Clerk's Office in Book 491 of Deeds, page 491; THENCE North 06 degrees 27 minutes east along said lands conveyed by Aaronson, for a distance of 100 feet, more or less, to the northeast corner thereof, THENCE South 82 degrees 51 minutes east, along the above described lands of Bray Terminals, Inc., for a distance of 186.5 feet, more or less to the point of beginning and containing 0.42 of an acre, more or less. ABOVE PREMISES ARE MORE CURRENTLY DESCRIBED AS FOLLOWS: All that piece or parcel of property situate in the Town of Queensbury, County of Warren, State of New York and being bounded and described as follows: BEGINNING at a iron pin at the intersection of the westerly boundary of Bay Road, County Road No. 7, with the northerly boundary lands now or ormerly of Michael P. Homenick and James P. Merrigan, said pin being located approximately 789 feet northerly measured along the said westerly boundary of Bay Road from the northerly boundary of the Town highway known as Walker Lane; and RUNNING THENCE from said point of beginning North 84 degrees 07 minutes 00 seconds west along the said northerly boundary of lands now or formerly of Michael P. Homenick and James P. Merrigan, the northerly boundary of lands now or formerly of Jeffrey and Debra Foss, and the northerly boundary of lands now or formerly of Baywood Realty Associates, LLC 753.17 feet to an iron pin; THENCE North 87 degrees 39 minutes 40 seconds west along the northerly boundary of lands now or formerly of Raybrook II, LLC 536.54 feet to an iron pin in the easterly boundary of lands now or formerly of David R. and Priscilla G. Petta; Regular Town Board Meeting, 01-23-2023, MTG#3 79 THENCE North 11 degrees 33 minutes 40 seconds east along the said easterly boundary of lands now or formerly of David R. and Priscilla G. Petta,the easterly boundary of lands now or formerly of Charles R. Barton, III and Kim B. Barton and the easterly boundary of lands now or formerly of Christopher and Eva M. Detmer 473.04 feet to an iron pin in the southerly boundary of lands now or formerly of the James G. Marshall Revocable Trust; THENCE South 82 degrees 57 minutes 03 seconds east along the said southerly boundary of lands now or formerly of the James G. Marshall Revocable Trust 1248.80 feet to an iron pin in the first mentioned westerly boundary of Bay Road, County Road No. 7; THENCE South 06 degrees 48 minutes 30 seconds west along the said westerly boundary of Bay Road, County Road No. 7,412.19 feet to the point of beginning, containing 12.567 acres of land, being the same more or less. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT RESOLUTION NO.: 53,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Lenovo Thinkcenter Edge Computer Assessor 9070 1982 Fiat FR15 Loader Transfer Station 1050 Colorimeter Water n/a Turbidimeter Water n/a Spectophotometer Water n/a HP Laser printer Assessor 9138 Ryobi Battery Angle Grinder Water n/a Regular Town Board Meeting, 01-23-2023, MTG#3 80 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, as follows: Lenovo Thinkcenter Edge Computer Assessor 9070 1982 Fiat FR15 Loader Transfer Station 1050 Colorimeter Water n/a Turbidimeter Water n/a Spectophotometer Water n/a HP Laser printer Assessor 9138 Ryobi Battery Angle Grinder Water n/a and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited 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 Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT RESOLUTION NO.: 53,2023 INTRODUCED BY: Mr. George Ferone Regular Town Board Meeting, 01-23-2023, MTG#3 81 WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments Lenovo Thinkcenter Edge Computer Assessor 9070 1982 Fiat FR15 Loader Transfer Station 1050 Colorimeter Water n/a Turbidimeter Water n/a Spectophotometer Water n/a HP Laser printer Assessor 9138 Ryobi Battery Angle Grinder Water n/a NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, as follows: Lenovo Thinkcenter Edge Computer Assessor 9070 1982 Fiat FR15 Loader Transfer Station 1050 Colorimeter Water n/a Turbidimeter Water n/a Spectophotometer Water n/a HP Laser printer Assessor 9138 Ryobi Battery Angle Grinder Water n/a and BE IT FURTHER, Regular Town Board Meeting, 01-23-2023, MTG#3 82 RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited 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 Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2023, 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.: 55,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 $ Comp. 001-1315-4451 Processing 001-1315-1010 Salaries 18,000 001-5132-4300 Electricity 001-5182-4305 Street Lights 1,000 Regular Town Board Meeting, 01-23-2023, MTG#3 83 001-1330-4400 Misc. 001-1330-1010 Salaries 1,500 Contractual 001-1330-4010 Office 001-1330-1010 Salaries 1,000 Supplies 001-1420-4130 Town Counsel 001-1420-1010 Salaries 7,000 001-1460-4400 Misc. Salaries Contractual 001-1460-1010 3,000 001-1680-2031 Comp Hardw 001-1680-4800 Eq. Repairs 4,200 001-7110-1010 Salaries 001-7020-1010 Salaries 7,000 001-1990-1010 Contingency 001-8010-1010 Salaries 8,500 001-9010-8010 NYS Ret. 001-8020-1010 Salaries 13,000 002-8810-2001 Misc. Salaries Equipment 002-8810-1010 11,000 002-9060-8060 Health Ins. 002-8810-1010 Salaries 16,000 004-5110-1010 Salaries 004-5142-1010 Salaries 17,000 004-9060-8060 Health Insurance 004-5142-1010 Salaries 20,000 004-9040-8040 workers' Comp 004-5142-4641 Road Salt 3,000 009-8160-4447 Trash Disp. 009-9060-8060 Health Insurance 5,200 032-9060-8060 Health Insurance 032-9010-8010 NYS Ret. 260 040-1990-1010 Contingency 040-8310-1010 Salaries 10,000 040-1990-1010 Contingency 040-8330-1010 Salaries 3,000 Increase Revenue 004-0000-52680 Insurance Recovery 12,563 Increase Appropriation 004-5130-4110 Vehicle Repairs 12,563 Duly adopted this 23rd day of January, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT : None RESOLUTION TO AMEND 2023 TOWN BUDGET RESOLUTION NO.: 56,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 01-23-2023, MTG#3 84 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 2023 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1950-4430 Property Taxes 3,250 004-1990-4400 Contingency 004-1950-4430 Property Taxes 1,700 Duly adopted this 23rd day of January, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF MUNICITY SOFTWARE CONSULTING ASSOCIATES FOR INTEGRATED PARCEL MANAGEMENT SAAS, PURCHASE OF LASERFICHE USER LICENSES FROM ICC COMMUNITY DEVELOPMENT SOLUTIONS AND ESTABLISHMENT OF CAPITAL PROJECT NO.: 245 RESOLUTION NO.: 57,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Clerk,Town Community Development Department and Town Building and Codes Enforcement Office have recommended that the Town Board consider engagement of Municity Software Consulting Associates (MSCA) for services relating to implementation of Integrated Parcel Management SaaS software as the Town's current software system has been found to be inefficient and incompatible with the Town's current needs relative to production, processing, tracking and long term file storage for permits, inspections, approvals and decisions and lacks the ability to communicate cross-Departmentally, and WHEREAS, upon discussing the matter at a Town Board Workshop on December 14d', the Town Board wishes to authorize the services of MSCA related to Integrated Parcel Management Regular Town Board Meeting, 01-23-2023, MTG#3 85 SaaS for an amount not to exceed $147,950 in accordance with MSCA's November 4, 2022 Software Proposal presented at this meeting, and WHEREAS, as also recommended by Town Staff, the Town Board wishes to authorize the purchase of three(3)additional full Laserfiche licenses from ICC Community Development Solutions (formerly known as General Code CMS LLC) in order to provide additional required access to the Integrated Parcel Management SaaS software for an amount not to exceed$4,840 in accordance with ICC Community Development Solutions'Pricing Quote Dated December 8,2022 and Change Order 4QU1252_01172023 presented at this meeting, and WHEREAS, the Town Board wishes to fund such services and purchases 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, the Queensbury Town Board hereby authorizes and directs the engagement of Municity Software Consulting Associates (MSCA) in accordance with MSCA's November 4,2022 Software Proposal substantially in the form presented at this meeting related to the purchase and implementation of Integrated Parcel Management SaaS, with payment(s) for such software and services not to exceed $147,950, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the purchase of three (3) additional full Laserfiche licenses from ICC Community Development Solutions for the total amount not to exceed $4,840 in accordance with ICC Community Development Solutions' Pricing Quote Dated December 8,2022 and Change Order 4QU1252_01172023 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that such services and purchases shall 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 Municity Integrated Parcel Management SaaS Software Capital Project Fund No.: 245 and authorizes and directs the Town Budget Officer to transfer $152,790 from Town Capital Reserve Regular Town Board Meeting, 01-23-2023, MTG#3 86 Fund No.: 64 to fund such Capital Project Fund No.: 245 and establish appropriations and estimated revenues as follows: • 001-9950-9030-0064 Transfer to Capital Project- $152,790 • 245-0000-55031 Interfund Transfer - $152,790 • 245-1680-2032 Computer Software - $152,790 and BE IT FURTHER, 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 any needed Agreement(s) between the Town and MSCA and/or the Town and ICC Community Development Solutions in form to be reviewed and approved by the Town Supervisor, Town Budget Officer and/or Town Counsel and/or any other documentation, and the Town Supervisor, Town Clerk, Town Counsel 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 23rd day of January, 2023, 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: 01242023 RESOLUTION NO.: 58,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 01-23-2023, MTG#3 87 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 01242023 with a run date of 01/19/2023 and a payment date of 01/24/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 01242023 with a run date of 01/19/2023 and a payment date of 01/24/2023 totaling $1,725,231.29, 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 23rd day of January, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT : None 5.0 CORRESPONDENCE DEPUTY CLERK RATHBUN-Reported that the Community Development Supervisors Report for December 2022 and the yearly total and the Town Clerk Yearly Total for 2022 are on file in the Town Clerk's Office. SUPERVISOR STROUGH-Received letter of resignation today from Supervisor-at-Large Rachel Seeber. A press release was sent out today to seek candidates to fill the vacancy until December 31, 2023, to submit letter of intent and resume by February 6th. The following individuals have already submitted their letter of intent and resume: • Michael Parawana • Jim Dobkowski • Travis Whitehead • Robin Larkin • Donald Stack • Hilary Stec 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) DAVE DESANTO-Referred to Family Vacation Rentals and questioned whether there has been any discussions with respect to zoning. COUNCILMAN FREER-Noted it will be discussed in the Town's long range Comprehensive Plan update. If you have suggestions, I recommend that you go onto the interactive map and make comments to express so we can capture in writing or reach out to myself or Tim McNulty, we are on the Steering Committee. Regular Town Board Meeting, 01-23-2023, MTG#3 88 COUNCILMAN MCNULTY-The Town's website explains the process and where we're collecting input. MR. DESANTO-I've been talking to other property owners, reviewing complaints and working on a solution that might work for everybody. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY-(WARD IV) • Referred to the status of 27 Indiana Avenue and noted that the Judge's new Citation is working which if the owners go to the house they could go to jail for 30 days. Still need to go forward with the discussion on the demolition. My thanks for the Town Board supporting the demolition and the neighbors' support that as well. COUNCILMAN FERONE-(WARD III) • Announced that the Town will be scheduling public comment on a project, adaptive traffic control for Quaker and Aviation Road. COUNCILMAN FREER-(WARD II) • Referred to the University Games recently held at Lake Placid and Gore. It was a positive for the North Country and I volunteered at Gore. • Enjoyed attending the West Glens Falls EMS Banquet. • Spoke regarding an article in the Post Star about Short Term Rentals driving up the price of housing. • Congratulations to Jackie White on becoming a City Judge. COUNCILMAN METIVIER-(WARD I) • Spoke regarding the trail at Rush Pond that he and his wife enjoyed. Rush Pond is a gem and it's being widely used. Sometimes the trails have to be closed, conditions force them to close the trails and that information is found on Facebook. My concern is this needs to be placed somewhere else as well, some people do not get on Facebook. Please pick up after your dog if you are on the trails. SUPERVISOR STROUGH- • Received a thank you card from the Feeder Canal Alliance. Thanked Jeanne Williams for doing a great job with the trail. There is going to be a section of Feeder Canal that will be closed this year. • Spoke regarding the Lake George Park Commission, Dave Wick Executive Director, about the Boat Inspection Program. In 2022, 982 boats had to be decontaminated. Since the start of this program in 2016, there has been 12,894 boats decontaminated. • Thanked the public for coming, Joel Barlow, Jesse Jackson from Look TV, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 59, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting, 01-23-2023, MTG#3 89 SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. Duly adopted this 23st day of January 2023, 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 MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I