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02-13-2023 MTG#4 REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 90 REGULAR TOWN BOARD MEETING MTG#4 FEBRUARY 13, 2023 RES. #60-78 7:12 P.M. BOH# 3-9 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS DAVE DUELL, HIGHWAY SUPERINTENDENT MARK DEMERS, DEPUTY HIGHYWAY SUPERINTENDENT PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 60, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 131h day of February, 2023, by the following vote: AYES: Mr. Strough, Mr., Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 1.1 Public Hearing- Sewage Disposal Variance Application of David Barlow PUBLICATION DATE: FEBRUARY 2, 2023 SUPERVISOR STROUGH-Reviewed the application and proposed variance requests. TOM CENTER-Evening, Tom Center with Hutchins Engineering. This is very similar to the neighboring property which Mr. Barlow also owns which we're requesting a variance to install REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 91 two 1500 gallon holding tanks in a compliant manner. Ten feet off the property line the only variance we're requesting is for the holding tanks. We're also requesting a six-month extension from today for the, to have the system completed. That's more for the not necessarily the tanks but for getting the pump under the camp and bringing the line up from the camp to that it's a little difficult to do this time of year in the winter. He believes he can have it done by June so if we could request a six-month extension from today to be able to finish completing the installation of the pump and the sewer line up from the camp. SUPERVISOR STROUGH-So, this is it also asking for an extension til June 3rd as you said. MR. CENTER-Yes. SUPERVISOR STROUGH-2023. Questions for the applicant's agent from the Town Board before I open up the public hearing? COUNCILMAN FERONE-No. COUNCILMAN FREER-So, as you have been trying to do for these extensions that it is not going to be used for a rental? MR. CENTER-What's that? I don't believe so. His, him and his brother use both camps to my knowledge. They are seasonal. COUNCILMAN MCNULTY-But,that is a provision of the extension. That it can't be used for rentals. SUPERVISOR STROUGH-Well, and right now it doesn't have a septic system. MR. CENTER-Right. COUNCILMAN MCNULTY-You're striking out all over the place. Resign. SUPERVISOR STROUGH-Okay, I will open up the public hearing. Anybody present wish to speak to this application? Yes, sir please come forward. Tom I may call you back. Please identify yourself for the record and share your thoughts with us please. DAVID DICKEY-Hi my name is David Dickey, I actually reside in St. Petersburg, Florida at 401 Patica Road Northeast in St. Petersburg. However, I have the good fortune of owning a piece of property located at 2445 Ridge Road, which actually is contiguous to the subject parcel on three separate sides. I have some visual aids that I was hoping to speak to and have the applicant's agent please respond to those if that's okay? SUPERVISOR STROUGH- How did you want to present those visual aids? MR. DICKEY-Well, I was speaking with the Town Clerk and unfortunately, I was unaware there weren't going to be overhead projectors. So, I have the physical visual aids. They're just photographs and some questions I have about the proposed plan. SUPERVISOR STROUGH- You're welcome to bring them up and share them with the Board if you wish. MR. DICKEY-I appreciate it. What I'm just going to provide to the Board would be a single copy of the proposed plan that is part of the variance application package. Then just present some questions to the Board and to Mr. Center if that's okay. Sorry, I don't have more than one copy of this. SUPERVISOR STROUGH-Well give it to Councilperson McNulty and he'll hand it down. MR. DICKEY-Thank you and again this is the proposed plan. And then what this is just something I wanted to enter into the record which was a survey of my property, the subject property and a bunch of photos that I would like to speak to. Because I am trying to understand REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 92 is there really a ten-foot setback because there is a retaining wall that appears to be either temporary or permanent that maybe. SUPERVISOR STROUGH-All right, but we need you to get those questions on the record. COUNCILMAN MCNULTY-John, might it be better if he meets with the agent outside and then they come back in after they review this rather than try... SUPERVISOR STROUGH-No. MR. DICKEY-I just would like to have my question on the record if that's okay. SUPERVISOR STROUGH-Yes, that's right. We'll share that and while Tim is looking through that and it goes down through why don't you, if you have some questions that you wish the Town Board to ask of the applicant's agent we'll do that tonight when you are finished. MR. DICKEY-Thank you. Again, my name is David Dickey. I just wanted to better understand the application process. SUPERVISOR STROUGH-Okay, and your last name is? MR. DICKEY-Dickey. SUPERVISOR STROUGH-Perfect. MR. DICKEY-I just wanted to understand the application permitting process. There has been some very significant excavation that has been done on the parcel, which I have communicated to some of the folks in the Town. There weren't any visible construction permits and according to the plan there will be a ten-foot setback from the property line. However, I have included photos that show where I took a hundred foot clothesline and actually just strung it between two corner posts. The corner boundary properties. It shows a retaining wall that is made out of I believe out of the excavated rock or other rock. That is actually encroaching on my property but part of the property is actually Ward Lane. Ward Lane is a private roadway that the four camps along that roadway have to access. So, I just wanted to just make the Board and the applicant's agent aware of that and see if we could just discuss that either today with questions .... Just get some of the questions I had answered. So, my question is it doesn't appear to be that there is a setback. There is what appears to be an encroachment on Ward Lane, which is a private road. I actually own that road but there is granted access to all four camps along that road. You should be able to see that on the surveys that I provided. And then the only other question that I have for the applicant and agent is the variance related to the setback or is the variance just an extension? It sounded like it was just an extension? Is it possible that we could request the Town Engineer to review the plans and go out the site and take a look to see if it's compliant with the proposed plans? Thank you very much. SUPERVISOR STROUGH-Thank you. Tom you want to return, please. All right, so against the first question is. He is worried about the setbacks. Did David Barlow get his property surveyed before we started this whole process? MR. CENTER-Yes, the two markers that we saw when we were out there the other day that had the pink flagging on them. Those were the two property corners that were marked by the surveyor. That is what was used to guide the location before we started digging a test hole and to expose to make sure we did not have bedrock that was going to have to be blasted or was able to be removed. I believe the material is pretty much between the test hole and the property line. Maybe some of it did go over the edge of the property line. But he has every intention to get the tanks in the ground, bury them with the cover, and take away any other excavated material if there is anything that is encroaching on the right a way we will work to get it moved back onto his property. SUPERVISOR STROUGH-Okay, so is it the material that they've excavated already that is encroaching on Ward Lane? REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 93 MR. CENTER-It's, I believe it's on the property line. I don't think it was over but I am trying to remember when we were just out there. It is possible maybe it did go over the edge of it but I believe it was kept in between the two locations but it will be removed. He does plan on getting the tanks in the ground as soon as possible and getting them covered and material removed from the site. SUPERVISOR STROUGH-So, and he is not asking for any variances per se. He's really asking for time, extension to June 3ra MR. CENTER-Yes, well we need a variance to install the holding tanks. COUNCILMAN FREER-Holding tanks. SUPERVISOR STROUGH-For the holding tanks but not... MR. CENTER-But not for any setback issues. That was one of the other reasons why we dug the test hole and had it open and tried to make sure we had appropriate cover. That we had the a need for blasting at the time and that is why it is in the state it is currently right now. SUPERVISOR STROUGH-Okay, so what's the Town Board do you want to wait and have our Engineers confirm the location of the property lines or do you have questions for... COUNCILMAN FREER-My sense is just as Tom suggested that there could very well be some construction but it meets all the requirements in the survey. Which, we were out there the day before yesterday and know exactly what you are talking about somebody is going to have to sign off on it. MR. CENTER-Correct, we're going to, you know before its backfilled, we'll go out there with the Building Department take our measurements and locate it. We've measured it a couple of times just to figure out the arrangement of the tanks and how we're going to do this. So, we're pretty confident that our location is well within the setbacks. COUNCILMAN MCNULTY-I mean this is a normal procedure, I have no reason to think that there is an issue with it. If the Building Department is going to come back and check it before it is covered anyway. I am fine with going forward with it today. SUPERVISOR STROUGH-Okay. COUNCILMAN MCNULTY-Providing the next door neighbors issues are all squared away. So, it goes back to you in terms. I think that covers it. MR. DICKEY-Can I just make a follow up comment? COUNCILMAN MCNULTY-Ask John. SUPERVISOR STROUGH-Yes. MR. DICKEY-I certainly don't object to the construction of the septic system, which is critical to the Lake, the water. But if you look at the plan it is very clear that this ten foot setback from the proposed location and pictures that I provided you my expectation would be that all of the spoil that came out of the excavated hole which is about a ten by ten by five foot deep hole ish.. I'm just hoping that all of that material will be setback, fully setback ten feet from the property line. In fact, one of the markers is actually covered by the spoil in the excavated material. The center marker that my surveyor identified in the middle of the property. Which I'll be glad to show it to the Engineer either after the meeting or after the next break. If he wouldn't mind speaking to me I would appreciate it. SUPERVISOR STROUGH-So, you would be fine with application if we included some verbiage that said that the rocks and so forth have to remain on the property line. MR. DICKEY-No, not on the property setback ten feet from the property line. REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 94 SUPERVISOR STROUGH-The rocks and stuff have to be ten foot from the property line. MR. DICKEY-Well, there is a wall. If you look at the picture, there is a wall that's been filled a retaining wall that I am assuming that is potentially holding possibly the tanks. I don't know I'll speak with the Engineer. Unfortunately, I hadn't seen these plans until about a week and a half ago. So again, I am just seeking to make sure that the excavated material is setback ten feet and there isn't going to be any flooding or other issues that would cause Ward Lane to be in any way blocked. But again, I can comment and guarantee that there is spoil on, over the property line on my property on Ward Lane which I think needs to be addressed. Thank you. SUPERVISOR STROUGH-All right, Tom would you come back. So, there seems to be two concerns. One is that the rocks and spoilage remain a ten foot setback or removed from the place. MR. CENTER-We're going to pull back the grade from the property line. We are at the high point and we are extending that high point into Mr. Barlow's property to get our cover and then back down but all the grading is going to be on Mr. Barlow's property tying in. And anything that's gone over the property line if it has been gone over that, that middle property marker will be cleaned up and pulled back. Then there will no encroachment when this is back filled and completed. SUPERVISOR STROUGH-Is there any possibility of it adding to the Storm water issues on the road? MR. CENTER-No, like I said we are at the high point and then everything is going north and off of this area as it would normally if there was nothing there. We are not capturing water or depositing additional water to the end of the road. SUPERVISOR STROUGH-All right, so how do we want to condition this that the debris of installing... yes. TOWN COUNSEL SCHACHNER-How about further Resolved that the excavated material shall be placed so as to comply with the ten foot setback requirement. SUPERVISOR STROUGH-Is that okay with the agent? MR. CENTER-Well we are going to be grading within that ten-foot setback. I mean that is the one thing that is clearly on the plan that is not an issue. There is no setback from where we are grading. I just don't want to get into an issue where were, I want to be clear that we are doing some grading within between the tanks and the ten-foot setback to get our cover over the top of the tank. But we are going to remove any material that has gone off the property and clean up that property line so there's nothing onto Mr. Dickey's property. SUPERVISOR STROUGH-So, the big rocks. MR. CENTER-Right, they are not going to be used as fill anyway so we are going to bring in clean material to fill over the tanks. Most of that is going to be removed as they bring in new material ... SUPERVISOR STROUGH-So, the wording that Town Counsel just gave us is that agreeable? MR. CENTER-Yes, as long as we under the same understanding that there is going to be fill over the top of the system that we are going to remove. SUPERVISOR STROUGH-There has to be something over the system. MR. CENTER-Correct. COUNCILMAN FREER-But there is no wall that going to be within ten-feet of the border line, right? MR. CENTER-No. REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 95 TOWN COUNSEL SCHACHNER-How about if we add the word excess, further Resolved that excess excavated material shall be placed so as to comply with the ten-foot setback requirement. SUPERVISOR STROUGH-Okay, all right? COUNCILMAN FREER-I'd like conditions better. SUPERVISOR STROUGH-Don't start more issues and none of the material will be any closer to the property line and it will be removed. TOWN COUNSEL SCHACHNER-I can read that too. SUPERVISOR STROUGH-Okay. COUNCILMAN FREER-No rental. TOWN COUNSEL SCHACHNER-Add a proposed condition further Resolved that the premises shall not be utilized for rental purposes until the holding tank system has been installed as confirmed by the Director of Building and Codes Enforcement. SUPERVISOR STROUGH-All right, so there is actually two conditions. TOWN COUNSEL SCHACHNER-Well, two further Resolves. SUPERVISOR STROUGH-Two further Resolves. Is the Town Board okay with those two additional Resolves? Understand them. Okay, motion for approval. TOWN COUNSEL SCHACHNER-We don't think you closed the public hearing. We could be wrong. CLOSED PUBLIC HEARING RESOLUTION APPROVING DAVID BARLOW'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 3,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, David Barlow(Applicant)filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks as the Applicant wishes to 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 REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 96 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, 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 therefore applied for a timeline extension or until June 3rd 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 Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, February 13d', 2023, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of the David Barlow for a variance from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of two (2) holding tanks each with a capacity of 1,500 gallons for a total capacity REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 97 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 bearing Tax Map No: 240.6-1-6, and BE IT FURTHER, RESOLVED, that the Local Board of Health further authorizes and grants the Applicant additional time to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 to install the holding tank system and extends the date on which the $2,000 escrow deposit the Applicants previously deposited with the Town be automatically forfeited to the Town until June 3Yd 2023 and authorizes and directs the Director of Building and Codes Enforcement to take any and all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED,that the premises shall not be utilized for rental purposes until the holding tank system has been installed as confirmed by the Director of Building and Codes Enforcement, and BE IT FURTHER, RESOLVED,that excess excavated material shall be placed so as to comply with the ten foot (10') setback requirement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency(APA)for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the APA and shall be subject to review by the APA during such period. Duly adopted this 13'h day of February, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 1.2 Public Hearing- Sewage Disposal Variance Application of Peter Iwanyckj PUBLICATION DATE: FEBRUARY 2, 2023 REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 98 SUPERVISOR STROUGH-Reviewed the application and proposed variance requests. CONNOR DEMYER-Sure. Hello everyone my name is Connor DeMyer with Environmental Design Partnership. I am representing Peter and his wife for their project. John explained it pretty well. It's going to be, the applicant wants to proposed a well twenty-nine feet from their holding tank 83 feet from the existing field which has an ETU on it to the north and 77 feet from the approved field on the screening lot to the south which is also is an Enhanced Treatment field. So I am here to answer any questions that you guys have. SUPERVISOR STROUGH-Okay. Town Board any questions before we open the public hearing? Seeing none, I'll open the public hearing. Anyone present wish to speak to this application? Alright, seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING PETER IWANYCKJ'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 4,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Peter Iwanyckj filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new well on property located at 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; and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, February 13'', 2023, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 3. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 99 Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Peter Iwanyckj for variances from the Sewage Disposal Ordinance to install a new 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; on property located at 17 Cleverdale Road(Private Road 41) in the Town of Queensbury and bearing Tax Map No: 240.9-1-5, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency(APA)for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the APA and shall be subject to review by the APA during such period. Duly adopted this 13'h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF GERALDINE EBERLEIN RESOLUTION NO.: BOH 5,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 100 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, Geraldine Eberlein has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system with the: 1. Absorption bed to be located 95' from Lake George in lieu of the required 100' setback; 2. Absorption bed to be located 5' from the building foundation in lieu of the required 20' setback; 3. Absorption bed to be located 3' from the property line in lieu of the required 10' setback; and 4. Septic and Pump Tanks to be located 7' from the building foundation in lieu of the required 10' setback; on property located at 97 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 27 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Geraldine Eberlein's sewage disposal variance application concerning property located at 97 Rockhurst Road in the Town of Queensbury(Tax Map No.: 227.9-1-2) 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 13'h day of February, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 101 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF LINDA WEINMAN RESOLUTION NO.: BOH 6,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Linda Weinman has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system with the: 1. Absorption bed to be located 15' from the building foundation in lieu of the required 20' setback; and 2. Septic tanks to be located 5' from the building foundation in lieu of the required 10' setback; on property located at 71 Assembly Point Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 27 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,to consider Linda Weinman's sewage disposal variance application concerning property located at 71 Assembly Point Road in the Town of Queensbury (Tax Map No.: 239.12-2-23) 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 13'h day of February, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 102 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JACQUELINE MUNNO RESOLUTION NO.: BOH 7,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION 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, Jacqueline Munno has applied to the Local Board of Health for a variance from Chapter 136 to install a replacement wastewater system with the absorption field to be located 81' from the drilled well in lieu of the required 100' setback on property located at 1 Knolls Road South in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 27 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jacqueline Munno's sewage disposal variance application concerning property located at 1 Knolls Road South in the Town of Queensbury(Tax Map No.: 253.3-1-43) 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 13'h day of February, 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 MICHAEL CHASE / DARK BAY LANE, LLC RESOLUTION NO.: BOH 8,2023 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 103 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, Resolution No.: BOH 24, 2021, the Local Board of Health approved the application of Michael Chase on behalf of Dark Bay Lane, LLC (Applicant) for variances from the Sewage Disposal Ordinance to install a: 1. leaching system 65' from the proposed well in lieu of the required 100' setback; 2. leaching system retaining wall 73' from a neighboring well in lieu of the required 100' setback; 3. leaching system wall 9' from the property line in lieu of the required 10'with retaining wall within 1.5' of the property line; and 4. bottom of the leaching system 2' above the bedrock in lieu of the 3' requirement; on property located at 40 Dark Bay Lane in the Town of Queensbury and bearing Tax Map No: 239.18-1-37 (Property), and WHEREAS, the Applicant has applied to the Local Board of Health for additional variances from Chapter 136 on the Property to install: 1. an ETU Tank 33' from the drilled well in lieu of the required 50' setback; 2. absorption field retaining wall 40' from the existing drilled well in lieu of the required 100' setback; and 3. absorption field retaining wall 67' from a neighboring well in lieu of the required 100' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 27 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michael Chase's sewage disposal variance application concerning property located at 40 Dark Bay Lane in the Town of Queensbury (Tax Map No.: 239.18-1-37) and at that time all interested persons will be heard, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 104 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 13'h day of February, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 9, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 131h day of February, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) No public comment. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR FURNISHING AND INSTALLATION OF FENCE AT TOWN WATER DEPARTMENT RESOLUTION NO.: 61, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 282, 2020, the Queensbury Town Board authorized establishment of Water Treatment Plant Campus Improvements Capital Project No. 232 in the REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 105 amount of$150,426.48 to establish funding for expenses related to the repairs and improvements at the Water Treatment Plant Facility/Campus including the furnishing and installation of a fence, and WHEREAS, the Water Superintendent has requested Town Board authorization to advertise for bids for the furnishing and installation of an approximately 900' long 6' high chain link barbed wire fence at the Water Filtration Plant(Fence Project), and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications to be prepared by the Water Superintendent and/or Town Purchasing Agent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to post and publish an advertisement for bids regarding the Fence Project delineated in the preambles of this Resolution and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to open all received bids,read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water Superintendent, Purchasing Agent and/or the Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 131h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION PROJECT AT GURNEY LANE PARK AND RECREATION AREA RESOLUTION NO.: 62,2023 REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 106 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 124, 2022, the Queensbury Town Board authorized certain withdrawals and expenditures for specific Town Parks and Recreation Department capital improvements and maintenance projects including monies toward construction of a building at the Gurney Lane Park and Recreation Area in order to operate and expand community programs, and WHEREAS, by Memorandum dated January 24, 2023, the Town Recreation Commission and Parks and Recreation Director have advised the Town Board that they have explored existing spaces in the community to facilitate additional programming space and now recommend that the Town Board authorize the advertisement for bids for the renovation of the Hansen Pavilion and construction of a new 20' x 40' open-air pavilion at the Gurney Lane Park and Recreation Area (the "Gurney Lane Construction Project"), and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications to be prepared by the Town's Parks and Recreation Director, Engineer and/or Town Purchasing Agent, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to post and publish an advertisement for bids regarding the Gurney Lane Construction Project delineated in the preambles of this Resolution and receive all bids, and BE IT FURTHER, RESOLVED, that upon receipt of bids, the Town Board further authorizes and directs the Purchasing Agent to open all received bids,read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Parks and Recreation Director,Purchasing Agent and/or the Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 13'h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 107 NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF MODULAR TRENCH BOX SYSTEM FROM NATIONAL TRENCH SAFETY FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 63,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Highway Superintendent wishes to purchase a modular trench box system from National Trench Safety (formerly Vellano Brothers), such type of modular system previously purchased and currently used by the Town's Water Department, and WHEREAS, the Highway Superintendent has advised that such modular system is sold by regional territory so obtaining a second quote as required by the Town's Purchasing Policy for purchases over$2,500 on an identical or substantially similar system could be very difficult, and WHEREAS,the Highway Superintendent and Town Budget Officer have recommended that the Town Board standardize its purchase of modular trench box systems thereby providing for improved Town employee safety as Town employees would be familiar with and trained on the same modular trench box systems, and WHEREAS, the Town Board concurs with this recommendation and accordingly wishes to waive the Town Purchasing Policy's self-imposed requirement for two written (2) quotes in this instance, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above and in this circumstance, the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes for purchases over$2,500, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of a modular trench box system from National Trench Safety in accordance with National Trench Safety's Quote #: g15677-1 for an amount not to exceed $8,310 REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 108 in substantially the form presented at this meeting, to be paid from Drainage —Misc. Contractual Account No.: 001-8540-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Highway Superintendent to execute such Quote 4: g15677-1 and/or any other needed documentation and the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13t'day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION IN CONNECTION WITH BOAT LAUNCH INSPECTION AND BOAT WASH SYSTEM RESOLUTION NO.: 64,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Lake George Park Commission (LGPC) implemented a Lake George boat launch inspection and boat wash program as part of its efforts to inspect and wash boats in an effort to kill and contain invasive species, and has requested that the Town of Queensbury partner with LGPC and other municipalities to assist with the procurement and acquisition of essential program equipment and support services and associated administrative expenses by contributing $37,000 for 2023, and WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 109 WHEREAS, the Town Board wishes to provide funding in the requested amount of$37,000 for the year 2023 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding toward the aforedescribed boat launch inspection and boat wash program and the coinciding Agreement between the Town and the Lake George Park Commission (LGPC) substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement,with such funding not exceeding the sum of$37,000 for the year 2023 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 such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 and an increase of revenue coded 050-0000-51113 Occupancy Tax by $37,000 in the 2023 Budget, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments,transfers,prepare any documentation necessary and/or take any actions needed 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 taking such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of February, 2023, by the following vote: REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 110 AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER ROBERT KEENAN AS REGULAR MEMBER OF TOWN ZONING BOARD OF APPEALS RESOLUTION NO.: 65,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury previously established the Town's Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 402, 2022,the Town Board appointed Robert Keenan as an alternate member of the ZBA, and WHEREAS, due to the resignation of regular member P. Brent McDevitt, a ZBA regular member vacancy currently exists and therefore the Town Board wishes to appoint Mr. Keenan to serve as a regular member on the ZBA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Robert Keenan as a regular member of the Queensbury Zoning Board of Appeals to serve the remainder of the term of former regular member P. Brent McDevitt until such term expires on December 31", 2024. Duly adopted this 13'h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 464, 2022 REGARDING HOURLY WAGE FOR"LABORER, PART-TIME TRANSFER STATIONS" RESOLUTION NO.: 66,2023 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 111 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 464, 2022, the Queensbury Town Board adopted its Year 2023 Salary and Wage Schedules for its Part-Time Hourly, Management and Non-Management, and Non-Union Staff, and WHEREAS, the Town Board wishes to amend Resolution No.: 464, 2022 to increase the 2023 hourly wage for"Laborer,Part-Time Transfer Stations"from$16.96 to $20 hourly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 464, 2022 such that the 2023 hourly wage for "Laborer, Part-Time Transfer Stations" shall be $20 effective as of February 14'', 2023, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 464, 2022 in all other respects. Duly adopted this 13'h day of February, 2023, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF JOSEPH QUINTAL FROM ASSISTANT WATER MAINTENANCE SUPERVISOR TO WATER MAINTENANCE SUPERVISOR AT TOWN WATER TREATMENT PLANT RESOLUTION NO.: 67,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has recommended, due to the unanticipated resignation of the Field Operations Manager in the Town's Water/Wastewater Department,that the Town Board authorize the promotion of Joseph Quintal from Assistant Water Maintenance Supervisor to Water Maintenance Supervisor at the Town Water Treatment Plant on a provisional basis until such time that Mr. Quintal places successfully on the Civil Service Exam for the position, and REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 112 WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Joseph Quintal from Assistant Water Maintenance Supervisor to Water Maintenance Supervisor at the Town Water Treatment Plant effective on or about February 14'', 2023 on a provisional basis until such time that Mr. Quintal places successfully on the Civil Service Exam for the position, at the rate of pay specified in the Town's CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of February, 2023 by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF MATTHEW BEAROR FROM WASTEWATER MAINTENANCE SUPERVISOR TO SENIOR WASTEWATER MAINTENANCE SUPERVISOR AT TOWN WASTEWATER DEPARTMENT RESOLUTION NO.: 68,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has recommended, due to the unanticipated resignation of the Field Operations Manager in the Town's Water/Wastewater Department, that the Town Board authorize the promotion of Matthew Bearor REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 113 from Wastewater Maintenance Supervisor to Senior Wastewater Maintenance Supervisor at the Town's Wastewater Department on a provisional basis until such time that Mr. Bearor places successfully on the Civil Service Exam for the position, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Matthew Bearor from Wastewater Maintenance Supervisor to Senior Wastewater Maintenance Supervisor at the Town's Wastewater Department effective on or about February 14'', 2023 on a provisional basis until such time that Mr. Bearor places successfully on the Civil Service Exam for the position, at the rate of pay specified in the Town's CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of February, 2023 by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 448, 2022 REGARDING ADVANCE PAYMENTS TO BAY RIDGE AND NORTH QUEENSBURY RESCUE SQUADS UNDER CURRENT AGREEMENTS RESOLUTION NO.: 69,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 114 WHEREAS, by Resolution No.: 448, 2022, the Queensbury Town Board authorized the Town Supervisor to approve payments of 1/12th of the 2022 Contract Amounts for operations and paid staffing to the Bay Ridge Rescue Squad, Inc., and North Queensbury Rescue Squad, Inc., (Squads) under their respective 2022 Agreements, such payments constituting advance payments on new 2023 general emergency ambulance services Agreements if/when such Agreements are entered into, and WHEREAS, such Resolution 448,2022 authorized payments of 1/121h of the 2022 Contract amounts;however,the Contract period for the North Queensbury Rescue Squad,Inc.,was for a seven (7) month period rather than a 12 month period and the Contract period for the Bay Ridge Rescue Squad, Inc.,was for a nine(9) month period rather than a 12 month period, and WHEREAS, the Town Board wishes to amend Resolution No.: 448, 2022 to approve payments for 1/7th and I/9th of the 2022 respective Contract Amounts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends, affirms and ratifies Resolution No.: 448, 2022 such that: 1. payments of 1/7th of the 2022 Contract Amounts for operations and paid staffing shall be paid to the North Queensbury Rescue Squad, Inc., and 2. payments of 1/9th of the 2022 Contract Amounts for operations and paid staffing shall be paid to the Bay Ridge Rescue Squad, Inc., under their respective 2022 Agreements, such payments constituting advance payments on new 2023 general emergency ambulance services Agreements if/when such Agreements are entered into, effective as of January 1st, 2023, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 448, 2022 in all other respects. Duly adopted this 13th day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 115 RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT ADIRONDACK RACE TO THE LAKES RESOLUTION NO.: 70,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its annual Adirondack Race to the Lakes as follows: SPONSOR The Adirondack Runners Club EVENT Adirondack Race to the Lakes DATE Saturday, June 24 h, 2023 commencing at approximately 8:30 a.m. PLACE Beginning at SUNY Adirondack and ending at Battlefield Park in Lake George—course partially within the Town of Queensbury (letter regarding race course presented at this meeting) NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby acknowledges receipt of proper proof of insurance from the Adirondack Runners Club to conduct its Adirondack Race to the Lakes partially within the Town of Queensbury as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent,which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 13'h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TWO (2) 2024 MODEL HV513 INTERNATIONAL SINGLE AXLE 4X2 CABS & CHASSIS WITH PLOWS AND SPREADERS FOR TOWN HIGHWAY DEPARTMENT REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 116 RESOLUTION NO.: 71,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County Bid, and WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase two(2)2024 International Model HV513 4x2 Single Axle Cabs &Chassis with Front Plows and Wings With Spreaders from Navistar in accordance with Navistar's 12/14/2022 NYS Municipal Quote Form presented at this meeting and by the Town "piggybacking" with Onondaga County Bid 48996, for the amount of$248,845.82 each for a total cost of$497,691.64, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, and WHEREAS, the Town Board wishes to authorize such purchase with withdrawals and expenditures to be from Capital Reserve No. 64 to fund this capital purchase, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of two (2) 2024 International Model HV513 4x2 Single Axle Cabs & Chassis with Front Plows and Wings With Spreaders from Navistar in accordance with Navistar's 12/14/2022 NYS Municipal Quote Form presented at this meeting and by the Town "piggybacking" with Onondaga County Bid 48996, for the amount of$248,845.82 each for a total cost of$497,691.64 to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures for such capital purchase are expenditures for which the Capital Reserve Fund No. 64 was established, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 117 RESOLVED, that the Town Board further authorizes and directs establishment of appropriations and estimated revenues as follows: • 001-9901-9128-0064 Transfer to Operating Funds - $497,691.64 • 004-0000-55031 Interfund Revenues - $497,691.64 • Heavy Equipment Account No.: 004-5130-2040 - $497,691.64 and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further actions as may be 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 13'h day of February, 2023, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADOPTION AND IMPLEMENTATION OF WORKPLACE VISITOR POLICY RESOLUTION NO.: 72, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 118 WHEREAS, the Queensbury Town Board wishes to adopt a Workplace Visitor Policy to help ensure a safe and healthy workplace for its employees and visitors, and WHEREAS, aproposed Town of Queensbury Workplace Visitor Policy is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes the Town of Queensbury Workplace Visitor Policy (Policy) substantially in the form presented at this meeting and authorizes and directs its immediate implementation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to arrange for the distribution of a copy of such Policy to Town employees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to amend the Employee Handbook accordingly to reflect adoption of this new Policy, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Safety Officer and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 131h day of February, 2023, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT : None REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 119 RESOLUTION AUTHORIZING PROMOTION OF BRIAN PERRY FROM WASTEWATER WORKER II TO WASTEWATER WORKER I AT TOWN WASTEWATER DEPARTMENT RESOLUTION NO.: 73,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has recommended that the Town Board authorize the promotion of Brian Perry from Wastewater Worker 11 to Wastewater Worker I as Mr. Perry has the required job experience, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Brian Perry from Wastewater Worker 11 to Wastewater Worker I at the Town's Wastewater Department effective on or about February 14'',2023 at the rate of pay specified in the Town's CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of February, 2023 by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 120 RESOLUTION AUTHORIZING 2023 FUNDING TOWARD VILLAGE OF LAKE GEORGE STUDENT CONNECTION OFFICE RESOLUTION NO.: 74,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by prior Resolution the Queensbury Town Board authorized a Memorandum of Agreement between the Town and the Village of Lake George concerning Lake George Village's creation of the Student Connection Office in Lake George Village to assist students in employment matters and appointed Town Councilperson Anthony Metivier to the Student Connection Board, and WHEREAS, the Town Board wishes to authorize $1,800 in funding toward the Student Connection Office for 2023 contingent upon approval of the 2023 Jl Visa Travel and Work Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs funding in the amount of$1,800 toward Lake George Village's Student Connection Office to assist students in employment matters contingent upon approval of the Jl Visa Travel and Work Program for 2023 and further authorizes and directs the Town Supervisor to sign any necessary documentation to effectuate payment, including a Student Connection Agreement between the Town of Queensbury and Village of Lake George Village in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, if one is needed, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to arrange for payment from the Community Service Contracts Account No.: 001-8989-4414 and take any other necessary actions including Town Budget amendments and/or adjustments, and BE IT FURTHER, RESOLVED, that the Town Board further affirms its reappointment of Councilperson Anthony Metivier to the Board of the Student Connection to serve at the direction of the Town Board, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 121 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Councilperson Metivier 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 131h day of February, 2023 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS: 01312023 AND 02142023 RESOLUTION NO.: 75,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented as Warrants: 01312023 with a run date of 01/31/2023 and a payment date of 01/31/2023 and 02142023 with a run date of 02/09/2023 and a payment date of 02/14/2023, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 01312023 with a run date of 01/31/2023 and a payment date of 01/31/2023 totaling $339,837.54 and 02142023 with a run date of 02/09/2023 and a payment date of 02/14/2023 totaling $963,334.08, 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 13'h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 122 RESOLUTION APPOINTING GEORGE NICHOLAS AS WATER TREATMENT PLANT OPERATOR TRAINEE AT TOWN WATER DEPARTMENT RESOLUTION NO.: 76,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has advised the Town Board that there is a vacant full-time Water Treatment Plant Operator Trainee position due to the impending retirement of a Water Treatment Plant Operator, and WHEREAS, the Water Superintendent reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the hiring of George Nicholas in such position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of George Nicholas as a full-time Water Treatment Plant Operator Trainee in the Town's Water Department effective on or about February 14'', 2023 on a provisional basis until such time as Mr. Nicholas places successfully on the Civil Service exam for Water Treatment Plant Operator Trainee and also subject to the Town successfully completing pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening,and subject to Mr.Nicholas' successful completion of a six(6)month probationary period, and BE IT FURTHER, RESOLVED,that Mr.Nicholas shall be paid at the rate of pay specified in the Town's CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent/Wastewater Director and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 123 NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO USE TAX-EXEMPT FINANCING FOR THE PURCHASE OF A 2023 BME/FREIGHTLINER 2000 GALLON ENGINE TANKER TRUCK RESOLUTION NO.: 77,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund"without prior approval of the Queensbury Town Board, and WHEREAS,the Fire Company has advised the Town Board that it wishes to purchase a 2023 BME/Freightliner 2000 Gallon Engine Tanker Truck (Truck) to replace its year 1993 Ford/KME 1800 Gallon Tanker(Apparatus)with approximately 14,000 miles, for a sum not to exceed$378,799, such purchase included in the Fire Company's five (5)year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment,tools, other apparatus,facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the replaced Apparatus from service and sell it, and will sell it after all potential warranty/service issues are resolved with the new Truck, and WHEREAS, proceeds from the sales of the Fire Company's replaced Apparatus would be placed either: 1) against the principal of the new, proposed Truck; and/or 2) toward other Fire Company debt; and WHEREAS,the Truck will be owned and used by the Fire Company to provide fire protection to the Town and will be maintained at its firehouse located at 33 Luzerne Road, and WHEREAS, the Fire Company has further advised the Town Board that it wishes to pay for the Truck by using: REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 124 1. $178,799—funds from its current and future budgets; and 2. $200,000 - maximum amount of tax-exempt financing up to a 60 month term with NBT Bank; and WHEREAS, the Town Board wishes to set a public hearing regarding the Fire Company's proposed purchase as Town Board approval of such proposed purchase is required by the Fire Company's Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning West Glens Falls Volunteer Fire Co., Inc.'s proposed Truck purchase and the use of tax-exempt financing under the Internal Revenue Code as delineated in the preambles of this Resolution on Monday, March 6 h, 2023 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. Duly adopted this 13'h day of February, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None 4.0 CORRESPONDENCE • Letter from Jim Meyer regarding financial support for EMS services to Fort Ann. • Letter of interest from David Strainer to fill Supervisor At Large vacancy. 5.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES) Jason Miller, Farr Lane, representing West Glens Falls Emergency Services-Thanked the Town Board for making an investment in Emergency Services. Spoke regarding the 303 calls dispatched in January for West Glens Falls Emergency Squad and with the assistance of Queensbury EMS, almost all of those calls were handled by EMS services in the Town. We did not rely on mutual aid from the City of Glens Falls. There was some mutual aid from the Town of Moreau and Fort Edward, but during four or five calls. Questioned whether the Town Board was aware of legislation passed by NY State that allows Municipalities to provide up to a ten REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 125 percent tax property discount for volunteers of Fire and Emergency Services and whether there are any plans to address or take action. SUPERVISOR STROUGH noted that the Town Board is aware of the legislation and will be discussed formerly at a Workshop. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER- (WARD I) -Nothing to report COUNCILMAN FREER- (WARD II) • Referred to the ice situation of the lakes. Recommended caution and that people not go out on the ice unless we get another cold spell. COUNCILMAN FERONE- (WARD III) • Announced presentation to be held at the next Town Board meeting on February 271h on Adaptive Signal Control Technology Feasibility Study. This study covers from the School Property all the way down to River Street. COUNCILMAN MCNULTY- (WARD IV) • Referred to the Comprehensive Master Plan Review on the Town's website noting that it's a very user-friendly site where the Town is capturing all of those comments. • Referred to 27 Indiana Avenue noting that the residents have moved back into the house and are in violation of the Court Order. SUPERVISOR STROUGH- • Announced that Tim McNulty and Harrison Freer are the two Town Board Representatives on the development of the new Comprehensive Land Use Plan. • Announced that the EPA will hold a meeting February 16, 2023 at 6:30 pm for the residents of Kingsbury and Queensbury regarding the use of Ethylene Oxide by the Sterigenics facility located in Kingsbury. The meeting will be held at the Kingsbury Volunteer Hose Company on Burgoyne Avenue. • Thanked Joel Barlow and Look TV, Jesse Jackson, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun, public and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 78, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. REGULAR TOWN BOARD MEETING, 02-13-2023, MTG#4 126 Duly adopted this 131h day of February, 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