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05-15-2023 MTG #15 REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 338 REGULAR TOWN BOARD MEETING MTG#15 MAY 15, 2023 RES. #182-195 7:02 P.M. BOH #30-32 LL# 7 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN TIMOTHY MCNULTY TOWN BOARD MEMBERS ABSENT COOUNCILMAN GEORGE FERONE TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 182, 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 from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 151h day of May, 2023, by the following vote: AYES: Mr. Strough, Mr., Metivier, Mr. Freer, Mr. McNulty NOES: None ABSENT: Mr. Ferone RESOLUTION GRANTING WENDY HOFFMAN AN EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED AT 146 LAKE PARKWAY RESOLUTION NO.: BOH 30,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 339 SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, a change of deed for Wendy Hoffman's (Applicant) property located at 146 Lake Parkway, Queensbury identified as Tax Map No.: 226.15-1-8 occurred on or about July 131h 2022 and when the required property transfer septic inspection took place, it was found that the existing sewage disposal system was deficient, and WHEREAS, by letter received by the Town's Building and Codes Department on or about May 81h, 2023,Applicant advised that due to winter weather,Applicant was unable to conduct needed tests for design of a new septic system but a new property survey is now being conducted and once a new septic system is designed, it is anticipated that installation of the new septic system should be completed over the summer and therefore, Applicant has requested that the Town Board grant a six month extension or until November 15'h,2023 to complete such work and extend the date on which the $2,000 escrow deposit Applicant previously deposited with the Town be automatically forfeited to the Town, and WHEREAS, the Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to November 15'h, 2023 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Wendy Hoffman additional time or until November 15'h, 2023 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 to complete installation of a new Code compliant sewage disposal system on property located at 146 Lake Parkway, Queensbury and to extend the date on which the$2,000 escrow deposit be automatically forfeited to the Town until such date of November 15'h, 2023 with the condition(s) REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 340 that in the meantime, [the Applicant provide a 1,500 gallon plastic holding tank to act as a holding tank for the property for Applicant's own personal use; and] the property shall not be utilized for rental purposes until the new Code compliant sewage disposal system has been approved and installed, and BE IT FURTHER, RESOLVED,that the Town Board, as the Town's Local Board of Health, further authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 151h day of May, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES None ABSENT : Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KATHERYN AND DANIEL MCMORROW RESOLUTION NO.: BOH 31,2023 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, Katheryn and Daniel McMorrow (Applicants) previously applied for and received approval from the Local Board of Health for variances from Chapter 136 to replace a failing wastewater system on their property located at 366 Cleverdale Road, Queensbury as delineated in Resolution BOH 24,2016; however, the Applicants did not complete installation of the replacement wastewater system at that time, and WHEREAS, Applicants have resubmitted their application to replace the wastewater system on their property by installation of a Fujiclean CE-5 Enhanced Treatment Unit (ETU) system with the requested variances, similar to those approved by Resolution BOH 24,2016,to be as follows: 1. Absorption field to be 96.4' from Lake George instead of the required 100' setback; and REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 341 2. Absorption field to be 3.9' from the north property line instead of the required 10' setback; 3. Absorption field to be 11.4' from the residence instead of the required 20' setback; 4. ETU and Pump Station to be 3.8' from the south property line instead of the required 10' setback; 5. ETU and Pump Station to be 4.7' from the residence instead of the required 10' setback; and 6. Effluent force main to be 3.7 from the residence instead of the required 10' setback; NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold apublic hearing on Monday, June 5 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Katheryn and Daniel McMorrow's sewage disposal variance application concerning property located at 366 Cleverdale Road, Queensbury (Tax Map No.: 226.12-1-62) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500' of the applicant's property as required by law. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Ferone RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 32, 2023 INTRODUCED BY: Mr. Timothy McNulty 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 151h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 342 NOES None ABSENT: Mr. Ferone 2.0 PUBLIC HEARING - Proposed Local Law No.: of 2023 to Amend Chapter 179 "Zoning" of Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation for Properties of Glens Falls Country Club Publication Date: May 5, 2023 SUPERVISOR STROUGH-This is property that the Glens Falls Country Club owns. They are Zoned RR3 and thanks to a recent action by this Board it is an allowed use in Rural Residential 3 Acre Zoning. Some of the other Golf Courses in that Zone, so now they're are all an allowed use in that Zone. However, there's parts of lots that they own around Round Lake, Round Pond that are Zoned Waterfront Residential. So, they wanted to expand their uses into those lots that they own, they would be a non-allowed use and they would bear some restrictions as a result of that. We are talking about three parcels here that are owned by the Glens Falls Country Club that are Zoned Waterfront Residential that they wish to be Zoned RR3. They are 296.5-1-6, 296.6-1-12 and 289.18-1-37. The agent for the applicant is present. If you wish, introduce yourself and expand on what we are trying to do if there is anything that you wish to add. JON LAPPER-For the record, Jon Lapper on behalf of the Glens Falls Country Club. I just want to clarify one statement that Supervisor made a portion of the Golf Course that is. SUPERVISOR STROUGH-Is that microphone on Jon? Yeah, you almost have to talk right into that, MR. LAPPER-Sorry about that. SUPERVISOR STROUGH-Thank you. MR. LAPPER-So the portion of the golf course that is south of Round Pond Road is zoned RR3A which makes it a permitted use. But a portion of the golf course and most of the improvements including the club house, the tennis courts, the parking area and maintenance building are all still on the Waterfront Residential parcel. So, it is not about expanding it is just about the area of the Country Club north of Round Pond. If they want to make any changes, improve the buildings, add anything that's not permitted because they're pre-existing non-conforming use. So, it is just making that conforming and any changes in the future would require going before the Planning Board for approval. SUPERVISOR STROUGH-Okay, and there is a public hearing and the Town Board does have to do SEQRA on this tonight. MR. LAPPER-No, the Planning Board did SEQRA. SUPERVISOR STROUGH-The Planning Board did SEQRA. COUNCILMAN MCNULTY-Yes, and they make us sign ours. SUPERVISOR STROUGH-Oh, good. MR. LAPPER-Let's check that and make sure I am right. The Planning Board recommended rezoning. COUNCILMAN FREER-Yeah, they recommended. SUPERVISOR STROUGH-All right, well okay. REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 343 COUNCILMAN FREER-Who's this signature for the SEQRA from Glens Falls, I can't read it. TOWN COUNSEL SCHACHNER-It looks like the Board President Christopher Roop I believe. Am I right? MR. LAPPER-Yes. COUNCILMAN FREER-Who? MR. LAPPER-Yes, the Board President. TOWN COUNSEL SCHACHNER-The Board President, Christopher Roop. COUNCILMAN FREER-Thank you. SUPERVISOR STROUGH-Alright so Stu had said that we need to do SEQRA but I guess that is not the case. MR. LAPPER-That probably is because there was not a Planning Board Review associated other than recommendations so you're, I believe Lead Agency. You are the ones making that decision. SUPERVISOR STROUGH-All right, all right. MR. LAPPER-I was incorrect. COUNCILMAN FREER-For Zoning we've got to do this. TOWN COUNSEL SCHACHNER-As I was about to point out, correct. SUPERVISOR STROUGH-All right, so we will do SEQRA tonight and then we will consider it after the following but there is a public hearing. Any questions for the agent to the applicant before we open the public hearing? COUNCILMAN FREER-No. SUPERVISOR STROUGH-Okay, is there anybody present that would like to speak to the proposal here? And that's three parcels zoned by the Glens Falls Country Club to rezone three parcels from Waterfront Residential to Rural Residential 3 Acre. So that golf courses allowed use in RR3 Acre and that will expand their properties where allowed uses for golf courses will be allowed. Okay, seeing nobody interested in the public hearing portion. I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Town Counsel Mark Schachner would you lead us through SEQRA Part 2. TOWN COUNSEL SCHACHNER-Sure, you are looking at a Short Environmental Assessment Form Part I dated March 8 h and as just stated signed by Mr. Roop as the President of the Glens Falls Country Club. So remember that the proposed action is the rezoning only. SUPERVISOR STROUGH-Yes, let me give you this. TOWN COUNSEL SCHACHNER-I usually have one. SUPERVISOR STROUGH-Since George is not here we have an extra one. Thank you. REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 344 TOWN COUNSEL SCHACHNER-Okay, so we are looking at Part 2 of the Short Environmental Assessment Form with the following eleven questions. Short Environmental Assessment Form Part 2 —Impact Assessment 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No 2. Will the proposed action result in a change in the use or intensity of use of land? No 3. Will the proposed action impair the character or quality of the existing community? No 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No 7. Will the proposed action impact existing: a. public/private water supplies? No B. public/private wastewater treatment utilities? No 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No 11. Will the proposed action create a hazard to environmental resources or human health? No TOWN COUNSEL SCHACHNER-Alright, then you have answered all the questions in the negative. SUPERVISOR STROUGH-Okay, and it has as part of the resolves a SEQRA Negative Declaration. TOWN COUNSEL SCHACHNER-Correct, the first Resolved. SUPERVISOR STROUGH-Okay, all right having said that any further thoughts on behalf of the Town Board before we go bringing this to the floor for a vote? Seeing none, how about a motion to authorize the adoption of the Local Law to amend the Zoning Map to change the Zoning District Designation for properties of the Glens Falls Country Club. RESOLUTION AUTHORIZING ADOPTION OF LOCALLAW NO.: 7 OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR PROPERTIES OF GLENS FALLS COUNTRY CLUB RESOLUTION NO.: 183, 2023 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 345 SECONDED BY: Mr. Harrison Freer WHEREAS, Glens Falls Country Club, Inc. (GFCC) submitted a zoning change application to the Queensbury Town Clerk's Office on or about March 10, 2023 to allow for a change of zoning district designation for parcels identified as Tax Map Nos: 296.5-1-6, 296.6-1-12 and 289.18-1-37 from Waterfront Residential (WR) to Rural Residential 3 Acre (RR-3A), and WHEREAS,the Queensbury Town Board wishes to consider adoption of proposed Local Law No.: 7 of 2023 entitled, "A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Amend Zoning Map To Change Zoning District Designation For Properties Owned By Glens Falls Country Club, Inc.", and WHEREAS, by Resolution No.: 117, 2023,the Town Board 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,by Resolution No.: 144,2023,the Town Board amended Resolution No.: 117, 2023 to declare its intent to be Lead Agency for SEQRA review of the GFCC zoning change application, and WHEREAS, at their meeting of April 25, 2023, the Planning Board issued a favorable recommendation on the proposed zoning change, and WHEREAS, by Resolution No.: 117, 2023, the Town Board also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on March 31, 2023 the Town received a recommendation from the Warren County Planning Department dated 3/31/2023 to approve the proposed zoning changes, and WHEREAS, before the Town Board may amend the Town Code, it must hold a public hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law, and WHEREAS, the Town Board duly held a public hearing on Monday, May 15, 2023 and heard all interested persons, and WHEREAS,pursuant to the State Environmental Quality Review Act(SEQRA)the Town Board has reviewed Part 1 and completed Part 2 of the Short Environmental Assessment Form as required under SEQRA, REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 346 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board has considered the potential effects of the proposed Local Law and issues a SEQRA Negative Declaration, finding that it will not adversely affect the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby enacts Local Law No.: of 2023 entitled, "A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Amend Zoning Map To Change Zoning District Designation For Properties Owned By Glens Falls Country Club, Inc.", and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 7 of 2023 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and the Warren County Planning Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: 7 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 151h day of May, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 347 LOCAL LAW NO.: 7 OF 2023 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR PROPERTIES OWNED BY GLENS FALLS COUNTRY CLUB,INC. 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 for parcels identified as Tax Map Nos: 296.5-1-6, 296.6-1-12 and 289.18-1-37 from Waterfront Residential (WR) to Rural Residential 3 Acre (RR-3A). 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. 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. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT -3 MINUTES) No public comment. 4.0 RESOLUTIONS RESOLUTION AMENDING RESOLUTION NO.: 288 OF 2022 AUTHORIZING AMENDMENT TO WATER TANK LEASE AGREEMENT RESOLUTION NO.: 184, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 348 WHEREAS, the Town of Queensbury, on behalf of the Queensbury Consolidated Water District, owns a municipal water storage tank located on Luzerne Road (hereinafter referred to as "Tank"), and WHEREAS, The Town entered into a Lease Agreement with Independent Wireless One Leased Realty Corporation (hereinafter "Independent Wireless") to lease space on the Tank's exterior and on a portion of property surrounding the Tank in 2000, and WHEREAS, by Resolution No. 288 of 2022 the Town approved and authorized a First Amendment to the Water Tank Lease Agreement with Sprint Realty Company, LLC ("Sprint") as a successor in interest to Independent Wireless, and WHEREAS, the parent company of Sprint contacted the Town and informed them that they erroneously included the incorrect affiliate in the First Amendment Agreement when they included Sprint; and WHEREAS, they are now asking the Town to execute the agreement with SprintCom LLC, a Kansas Limited Liability Company in place of Sprint Realty Company LLC, and WHEREAS, the Town would like to amend Resolution No. 288 of 2022 to authorize a First Amendment to the Water Tank Lease Agreement with SprintCom LLC instead of Sprint Realty Company LLC; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Amendment of Resolution No. 288 of 2022 authorizing the First Amendment to Water Tank Lease Agreement with SprintCom LLC instead of Sprint Realty Company LLC, and BE IT FURTHER REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 349 RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent to execute the letter Agreement dated April 19, 2023 correcting the parties to the First Amendment to Water Tank Lease Agreement and the Town Supervisor, Town Water Superintendent and/or Town Budget Officer to take any other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING HIGHWAY DEPARTMENT'S PURCHASE OF BITUMINOUS CONCRETE/PAVING MATERIALS FROM PECKHAM COMPANIES RESOLUTION NO.: 185, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 bituminous concrete/paving materials from Peckham Companies (Peckham)by the Town "piggybacking"with Warren County in accordance with Warren County Bid#WC 12-23 Bituminous Concrete as set forth in the Warren County Bid Tabulation Sheets dated March 16, 2023 presented at this meeting, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of bituminous concrete/paving materials from Peckham by the Town "piggybacking" with Warren County in accordance with Warren County Bid #WC 12-23 Bituminous Concrete as set forth in the Warren County Bid Tabulation Sheets dated March 16, 2023 REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 350 presented at this meeting up to a total purchase amount of$742,362.88, to be paid for from Chips Capital Construction, Account No.: 004-5112-2899, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $292,363, increase Chips Capital Construction Account No.: 004-5112-2899 by$292,363, amend the Town Budget,make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment to Peckham, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING HIRING OF TEMPORARY, SEASONAL LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 186, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Cemetery Superintendent has requested Town Board authorization to hire three (3) returning staff, Edward Batcher, Logan Mahoney and Brayton Shattuck, as Temporary, Seasonal Laborers to work for the Cemetery Department for up to 11 weeks, not to exceed 40 hours per week, and WHEREAS, funds for such positions have been budgeted for in the 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 Edward Batcher is the cousin of Highway Department employee Dakota Sawn, REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 351 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Edward Batcher, Logan Mahoney and Brayton Shattuck as Temporary, Seasonal Laborers for the Cemetery Department for up to 11 weeks commencing on or about May 16'', 2023, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborers shall be paid $15.50 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, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION SUPPORTING LEGISLATION ALLOWING TOWNS THE OPTION TO ASSESS ALL NEWLY CONSTRUCTED CONDOMINIUMS IN A MANNER THAT REFLECTS MOST CURRENT MARKET VALUE RESOLUTION NO.: 187, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in 1975, the New York State Real Property Tax Law §306 directed that, "All real property in each assessing unit shall be assessed at the full value thereof," and WHEREAS, residential condominium units in some municipalities incur less taxes than those of comparably priced homes under conventional forms of property ownership pursuant to REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 352 the provisions of Real Property Tax Law §581.1(a) ("RPTL") which governs how condominium units are assessed for tax purposes, and WHEREAS,pursuant to the provisions of RPTL, §581.1(a) does not apply to a"converted condominium" unit in a municipal corporation which has adopted, prior to the taxable status date of the assessment roll upon which its taxes will be levied, a local law providing that the provisions of§ 581.1(a) shall not apply to converted condominium units, and WHEREAS, the Queensbury Town Board believes that it is in the best interests of its municipalities to have the option to exempt "newly constructed" condominiums from the provisions of RPTL §581.1(a) in the same manner that RPTL §581.1(c)provides an exemption for converted condominiums, and WHEREAS, because of its attractive location, many towns are popular destinations for those seeking second homes, most of which would be characterized as expensive, and are intentionally condominimized by developers seeking preferential tax treatment, which shifts the tax burden to other residential property owners, often those who can least afford it, and WHEREAS, the New York State Assessors Association has a longstanding voice expressing support for a change in the methodology for condominium valuation for the purposes of taxation to reflect current market values, similarly to that of residential properties, and supports legislation that will allow municipalities to assess newly constructed condominiums to reflect the most current market values, and WHEREAS, condominiums are currently valued based on a restricted methodology that has no resemblance to market value, and WHEREAS, the Town of Queensbury seeks an amendment to RPTL §581.1(a) or legislation authorizing a Home Rule request or any other New York State legislation that would permit municipalities to opt for the ability to exempt"newly constructed" condominiums from the provisions of RPTL §581.1(a), and WHEREAS, as the New York State's Attorney General's Office states that a condominium (condo) is a single real estate unit in a multi-unit development in which an owner has both of the following: 1) separate (individual) ownership of a unit; and 2) undivided interest in the common elements of the building, and WHEREAS, Syracuse.com reported that, "One condo in Skaneateles sold for $2.2 million. It was assessed and taxed as if it were worth just$464,000,"and WHEREAS, legislation was introduced and passed in both houses to amend the RPTL REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 353 (Assembly Bill A3491B and Senate Bill S5946), in relation to the taxation of property owned by a cooperative corporation and such legislation,passed by both houses of the New York State Legislature, amended RPTL§581 allowing municipalities, if they choose,to treat future residential condominiums assessment based on market value,the same as for single family residential assessments, and WHEREAS, in December, 2022, Governor Hochul vetoed legislation that would have brought greater equity in the assessment of residential housing and would generate more revenue, and WHEREAS, Governor Hochul signed a law that enabled the Town of Greenburgh to tax future condominium construction as residential properties, and WHEREAS,there are many towns in New York, like Greenburgh,that have spent considerable time and money to assess properties at 100% equalization levels, and WHEREAS,the Town of Queensbury wishes to assure real property tax equity for all forms of housing in the Town, and WHEREAS, the Town of Queensbury supports legislation that would close the door on homebuilders who wish to seek unfair market advantages for their expensive homes classified as condominiums and giving big tax breaks to owners of big suburban homes classified as condominiums, and WHEREAS, the current law enables significant tax breaks for the owners of condominiums, often very expensive condominiums, and are tax breaks that all other property owners must burden, making single family homes, for example, more expensive to own, and school and local government tax burdens greater for single family homeowners, and WHEREAS, the Town of Queensbury also wishes to deter Town residential developers from abusing the current law and give significant tax breaks to expensive homeowners at the expense of the creation of more affordable homeowners, and WHEREAS, the original bill, that was vetoed by the current Governor, would have allowed municipalities to decide for themselves if they wish to maintain the current condominium loophole or opt out,thus maintaining New York's long tradition of Home Rule, and WHEREAS, the Town of Queensbury's choice to abandon the Condominium loophole law would be in accordance with New York State's Municipal Home Rule Law §10, and WHEREAS, according to the Lake George Mirror, "It is estimated that under current law, condo owners' county, town and school tax bills are 30 to 40% less than what they ought to be — leaving other property owners to make up the difference," REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 354 NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury wishes to have the same ability to have the option of assessing condominiums and cooperatives the same as single family housing based on market values which would provide more equity in taxation and fairness in assessment, and therefore hereby requests Governor Kathy Hochul to support legislation that will allow Towns the option to assess all newly constructed condominiums in a manner that reflects the most current market value,and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Supervisor to send a certified copy of this Resolution to Governor Kathy Hochul, Senator Daniel Stec, Assemblywoman Carrie Woerner and Assemblyman Matthew Simpson and take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING ENGAGEMENT OF LOCKE & LOAD RELATING TO AGREEMENT TO PAY COSTS ASSOCIATED WITH REMEDYING VIOLATION - 125 MOUNTAIN VIEW LANE RESOLUTION NO.: 188, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury commenced an enforcement action concerning property located at 125 Mountain View Lane in the Town(Property), and WHEREAS, Mark Myers, resident of the Property, acknowledged that the Property is in violation of Town Code, and WHEREAS, the Town provided Mr. Myers time to remedy the Property; however, the Property remains in violation and therefore the Town wishes to engage the services of a person or REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 355 company to clean up the Property,provided that the expense of doing so will ultimately be borne by Mr. Myers, and WHEREAS,by an"Agreement to Pay All Costs Associated With Remedying Violation,"Mr. Myers has agreed to allow Town access to the Property to remedy the violation and has acknowledged that all associated costs are his responsibility, and WHEREAS, Mr. Myers has further agreed that in the event he fails to make payment, the Town can obtain a money judgment in that amount from the Queensbury Town Court or seek to have such sum assessed against the property as a Town tax, and WHEREAS, the Town's Director of Building and Code Enforcement has obtained a Contractors Quote (Quote) from Locke & Load to remedy the Property for an amount not to exceed $1,190, NOW, THEREFORE, BE IT, RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to engage the services of Locke &Load Clean Ups to clean up the 125 Mountain View Lane Property for an amount not to exceed$1,190, and BE IT FURTHER, RESOLVED,that should Mr. Myers not pay the costs,then the Town shall pay the costs from Demolition Account No.:001-3650-4400 and the Town Budget Officer shall amend the Town Budget and transfer $1,190 from Contingency Account No.: 001-1990-4400 to Demolition Account No.: 001-3650-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED,that should Mr. Myers not pay the costs or reimburse the Town within 60 days, then the Town Board further authorizes the Town Supervisor, Town Assessor, Town Director of Building and Codes Enforcement, and Town Counsel to undertake any further action set forth in the "Agreement to Pay All Costs Associated With Remedying Violation" including making an application to Town Court for a money judgment and/or assessing the full amount of the clean-up costs as against the Property Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 356 RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF RTA FLEET MANAGEMENT SOFTWARE FOR IMPLEMENTATION OF FLEET MANAGEMENT SOFTWARE RESOLUTION NO.: 190, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to engage the services of a company for implementation of software related to tracking and improving fleet maintenance in the Town, and WHEREAS, the Town's Fleet's Manager has familiarity and experience working with RTA Fleet Management Software (RTA) and has accordingly recommended the Town's use of RTA's fleet management software services, and WHEREAS, the Town Board therefore wishes to waive the Town Purchasing Policy's self- imposed requirement for two written(2) quotes in this instance and authorize engagement of RTA, 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, the Queensbury Town Board hereby authorizes and directs the engagement of RTA Fleet Management Software(RTA)for fleet management software services in accordance with RTA's 5/9/23 quote for the amount of$8,400 per year for one (1) year with payment(s) to be made from Account No.: 004-1680-2032, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the 2023 Town Budget to transfer$8,400 from Highway Fund Unappropriated, Undesignated Fund Balance Account No.: 004-0000-0909 to Account No.: 004-1680-2032 and take any and all other necessary actions to effectuate payment, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 357 RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign such quote substantially in the form presented at this meeting and/or any other needed Agreement in form acceptable to the Town Supervisor,Town Highway Superintendent,Town Fleet Manager and/or Town Budget Officer and/or any other needed documentation and the Town Supervisor, Town Highway Superintendent,Town Fleet Manager and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 05162023 RESOLUTION NO.: 191, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 05162023 with a run date of 05/11/2023 and a payment date of 05/16/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 05162023 with a run date of 05/11/2023 and a payment date of 05/16/2023 totaling $945,923.30, 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 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 358 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT RESOLUTION NO.: 192,2023 INTRODUCED BY: Mr. Timothy McNulty 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, 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: Epson Scanner Planning 9444 Epson Scanner Accounting 9432 ID Printer Parks & Recreation 8907 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, REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 359 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 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR DEMOLITION OF STRUCTURE ON PROPERTY LOCATED AT 27 INDIANA AVENUE RESOLUTION NO.: 193, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to advertise for bids for the demolition of a single family dwelling(structure) located at 27 Indiana Avenue in the Town of Queensbury bearing Tax Map No.: 309.13-1-7 and owned by Wayne Allen in bid documents and/or specifications to be prepared by the Town Supervisor, Town Purchasing Agent, Town Director of Building and Codes Enforcement and/or Town Counsel, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for demolition of the structure located on the Property located at 27 Indiana Avenue which advertisement should specify compliance with asbestos abatement and disposal procedures during and after demolition unless testing confirms the absence of asbestos, and REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 360 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received,read the same aloud and record the bids as is customarily done and present the bids at 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, Town Counsel, Director of Building and Codes Enforcement, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR INSPECTION OF PROPERTY LOCATED AT 27 INDIANA AVENUE TO DETERMINE ASBESTOS RISK RESOLUTION NO.: 194,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to authorize the preparation and distribution of a Request for Proposals(RFP)to qualified businesses for the inspection of a single family dwelling located at 27 Indiana Avenue in the Town of Queensbury bearing Tax Map No.: 309.13-1-7 and owned by Wayne Allen to determine if asbestos is on-site, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor, Town Purchasing Agent, Town Director of Building and Codes Enforcement and/or Town Counsel to prepare and distribute a Request for Proposals (RFP)to qualified businesses for the inspection of a single family dwelling located at 27 Indiana Avenue in the Town of Queensbury bearing Tax Map No.: 309.13-1-7 and owned by Wayne Allen to determine if asbestos is on-site, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 361 RESOLVED, that the Town Board further authorizes and directs that a requirement of such RFP be that all qualified businesses submit proposals by May 31", 2023, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Town Purchasing Agent, Town Director of Building and Codes Enforcement and/or Town Counsel to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 15'h day of May, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone 5.0 CORRESPONDENCE DEPUTY TOWN CLERK RATHBUN-An email from Catherine Nicholas regarding the Aviation Mall and the Supervisor's Report from Community Development for April have been received and are on file in the Town Clerk's Office. 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) No public comment. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1) • Nothing to report. COUNCILMAN FREER(WARD II) • I'm in the slow mow May keeping the mower up a little higher and not rushing to mow every few days. • We are making progress on the LED Street Light Conversions, the addition of the LED Solar Panel Lights on Veterans will be a step in the right direction. • People have opinions on containers and RV's stored in front or side yards in neighborhoods. I think it is something I would like to see addressed in the long range Comprehensive Land Use Plan. I do not think storage containers, 40-foot containers belong permantly in neighborhoods. If anybody has a thought on that we would like to discuss it moving forward. • October 18'h the Giants should beat the heck out of the Bills. • Announced that he was at Jenkinsville Park for a Soccer Tournament this weekend, lots of good compliments on the Park and how well it operates. The games went from Sam until 7pm, everyone having a good time. COUNCILMAN MCNULTY (WARD IV) REGULAR TOWN BOARD MEETING, 05-15-2023, MTG# 15 362 • I appreciate your support on 27 Indiana Avenue, that's a win for that entire section of Town. • Noted the Memorial Day Parade forthcoming. SUPERVISOR STROUGH • Recognized Deputy Town Clerk Colleen Rathbun on receiving her Registered Municipal Clerk by the New York State Town Clerks Association. • Announced and reviewed the Annual Spring Pickup schedule for the Wards. • Reminder Household Hazardous Waste Collection day on Saturday, August 26 h from 8-12pm, at the Town Highway Department. Recycle your antifreeze, pesticides, paints of all kinds, corrosive cleaners, fluorescent light bulbs and so forth. • The draft MS4 Annual Report is on our website and available for public viewing. • Thanked Joe Barlow, Jesse Jackson, Look TV, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun, Town Board and the public for attending. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 195, 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. Duly adopted this 151h day of May, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES: None ABSENT: Mr. Ferone Respectfully Submitted, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I