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07-10-2023 MTG #22 Regular Town Board Meeting, 07-10-2023, MTG#22 69 REGULAR TOWN BOARD MEETING MTG #22 JULY loth, 2023 RES #234-251 7:00 P.M. BOH #39-40 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. 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.: 234, 2023 INTRODUCED BY: Mr. George Ferone 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 101h day of July, 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 LAKESIDE CHAPEL, INC. RESOLUTION NO.: BOH 39,2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 07-10-2023, MTG#22 70 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, the Lakeside Chapel, Inc. (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicant wishes to replace a wastewater system by installing a holding tank system consisting of two (2) holding tanks each with a capacity of 1,000 gallons for a total capacity of 2,000 gallons on property located at 360 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, July 24 h, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,to consider the Lakeside Chapel,Inc.'s sewage disposal variance application concerning property located at 360 Cleverdale Road in the Town of Queensbury and bearing Tax Map No.: 226.12-1-65 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 10h day of July, 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 40, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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. Regular Town Board Meeting, 07-10-2023, MTG9 22 71 Duly adopted this 101h day of July, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 2.0 PUBLIC HEARING 2.1 Public Hearing—Proposed Local Law No.: 2023 to Amend Chapter 179 "Zoning" of Town Code to Amend Zoning Map to Change Zoning District Designation for Tax Map Parcel No.: 303.6-1-3 PUBLICATION DATE: June 29, 2023 SUPERVISOR STROUGH-Okay, there's a Public Hearing on that tonight. I open the Public Hearing. Would you please review, we've had several emails and other sent to the Town Board and would you please read the list acknowledging that we have received emails from the following people please? DEPUTY TOWN CLERK BETTY MURPHY-Correspondence received from; Linda and Frank Cappabianca of Glens Falls, Brian and Deborah Williams of Glens Falls, Gary and Lorraine Mikutel of Glens Falls, Daniel Wagner of Virginia and he has property in Glens Falls, Caselnova Family of Glens Falls, Gretchen Trombley from Glens Falls, Marjory Moeller of Glens Falls, Laura Marrell of Fort Ann, Bonnie Sanders of Comstock, Sharon and Michael Luce of Glens Falls, Michael Layden of Glens Falls, Brittany Ramos of Glens Falls, Alison Crocker of Saratoga PLAN, Sandra Hutchins of Glens Falls, Craig Brown, Hillary Cooper-Kenny of Glens Falls, Jane Labombard, and we've got Attorney Richard Webster, Patrick Malone of Glens Falls, Brittany Cracco of Glens Falls, and Alison and William Neary. TOWN COUNSEL MARK SCHACHNER-Is there any chance, any chance that Sandra Hutchins is Sandra Hutchinson. DEPUTY TOWN CLERK MURPHY-Yes it is, Sandra Hutchinson excuse me. SUPERVISOR STROUGH-Okay, thank you Betty. I'm going to give everybody an opportunity to talk who wishes to talk. I'm just going to ask that you don't repeat things that somebody before you had stated. There's no need to want to be taking notes on all of this and I'll share with you all the concerns that I'm aware of at this time and following the Public Hearing. And today Brandon Ferguson, a PE from Environmental Design Partnership would like to give a presentation of the proposal so I thought that would be appropriate to have that go first. So, Brandon and anybody else going to be joining Brandon you are welcome to do so at this point. It all made sense to me that if you are going to make a presentation that you do first because this is what the Public Hearing is all about and we have somebody from StoredTech to help us do this presentation. Okay and please introduce yourself for the record and then go ahead. BRANDON FERGUSON-I'm Brandon Ferguson from Environmental Design Partnership here tonight with Jamie Anderson, Greenleaf Construction. They are the project managers and Chad Bliss is here as well tonight he's the manager of the, or General Manager of the FW Webb facility in Queensbury. So, FW Webb is the largest wholesale distributor of plumbing, HVAC, heating products in the Northeast. They're a family owned business. They've been around for well over 100 years and they currently operate the existing Queensbury facility located at 3 Highland Ave. and they've been there since I believe around 1997. Right now they employ about 32 people at that facility and with the new location they're looking to add up to 15 to 20 additional employees. They largely cater to contractors but they do have a retail component for selling plumbing fixtures to the general public. Right now they've outgrown their current location. Business has been good and they need extra room for their facility to add more product as well as house additional employees. So they have been looking in the Town for a new location for over eight years. I know Mr. Bliss here he's been General Manager for eight years and they were looking before that. So Regular Town Board Meeting, 07-10-2023, MTG#22 72 they've been looking for a while and there's a lot of factors that go into looking for a property for a facility like this. It has to meet the right lot size requirements,they need to have sewer,they need to have water, and you've got to have location for this type of business. It got to be assessable to their contractors, accessible to get their product out as well. So there's a lot of things that they look for when they are looking for a property here. But they recently found this the proposed project parcel. It's 15 acres. It's located on the West side of Quaker Road. It's about 1.6 miles from their existing facility. This was, this property just to give a little background, was previously approved by the Planning Board as an overflow parking lot for Nemer, the car dealership and they did start some construction out there. They started clearing as part of that project approval but things have changed in the car, auto industry over the last few years and they no longer keep the amount of cars on site that they used to. So they, you know,they are looking to sell the product or the property and Webb was looking to develop a new facility so that's kind of how this product,property came about. And the site has the elements that they need. It's pretty close to their existing facility and their existing customer base. They have access to water, there is sewer right across the street. It's adequate size and it's got direct access out onto Quaker Road,which is an arterial road in the Town to get their product in and out and have their contractors come into the facility. So, the one thing with the product, or the property is that it is currently zoned Commercial Intensive. Commercial Intensive does not allow wholesale or building supply and they are wholesale, as they wholesale to general contractors. While they do have a retail component, it is a minor component to the facility. It's mostly wholesale and, to general contractors in the area. So, while the existing site is Commercial Intensive it is bounded by Commercial Light Industrial, CLI District, to both the North and West as you can see in the diagram up there. The, it's going to be a little hard to see the property the project parcel is outlined in blue, the pink to the North and to the West that's all existing CLL So there is CLI District in this area. Now it would be an extension of that existing district not just putting one CLI parcel in the middle of a number of other zoning districts. And then there are also other light industrials located along Quaker Road. So both in the Town of Queensbury and in the City of Glens Falls. We go to the next figure, so this is kind of overview of the whole area and anything purple is Light Industrial. So when you go South on Quaker Road both in the Town of Queensbury and in the City of Glens Falls there's Commercial Light Industrial zones and you go North and over to the West there's existing Commercial Light Industrial zones too. So there's a number of these areas within this general vicinity in Town. We have, we understand that there's obviously neighbors' concerns about this project and that's why we are here tonight to present this. We had a site meeting with a few members of the Board actually were there for it, I don't know if it was coincidence or you were doing your site meeting at the time or what it was but you guys were present for that and we had a few neighbors and their representatives there as well. We listened to their concerns and really appears that a lot of their concerns we've heard today have to do with site plan issues; such as visibility, traffic, noise, lighting, storm water, wetland impacts. These are things obviously currently, that are typically worked out during the site plan review process with the Planning Board and with the Town Engineer. I know tonight we are here to discuss zoning change. While the site has been historically wooded and untouched for a number of years, as you can see our development has already been proposed and approved on this site. They've already started it. This is a prime piece of property for development in the Town, so to expect it to remain undeveloped we think is unrealistic. Right now it is Commercial Intensive and as the name implies that's for intense commercial use, and that's what its zoned for now. It's not a residential zone or land conservation zone or even office or Commercial Moderate zone. Some of the existing uses allowed in this zone are: • Amusement centers, which can include indoor and outdoor games such as rides, batting cages, mini golf, go carts, even dirt bike and ATV tracks, I think was suggested in the zoning code. • Auto sales and services, so car dealership, car wash. • Convention and sport center that could include receptions, banquets, animal shows corporate conferences and sports complex. • Drive in theaters. • Golf driving range. • Live theater. • Micro brewing including touring, tasting, tavern, bar. • A night club. • Shopping mall or plaza and retail. COUNCILMAN FREER-We got it, we got it. Regular Town Board Meeting, 07-10-2023, MTG#22 73 MR. FERGUSON-Okay so many of these uses that are currently allowed in CI would have a, potential to have a much larger impact on land than what we feel we are proposing today. Your noise, Drive-in theaters, go carts obviously would be more impactful that F.W. Webb. Traffic, you get car washes, theaters, shopping malls, they are larger traffic generators and even lighting, you deal with amusement parks, amusement centers, car dealerships and retail. So CLI zone, as the Board is aware, is a mix of light industrial and commercial uses to enhance the Town's tax base and improve, provide quality jobs. Something we're proposing a wholesale kind of building supply. There's other uses; auto services, funeral homes, health facility, office, school, self-storage and a lot of these uses we think are less intensive, less impactful on the neighboring facility, or neighbors than what is currently there now, or currently could go there now with CL So overall, Webb is in need of a new facility to allow their business to grow in the Town of Queensbury. They've been looking for a number of years, they want to stay in the Town and they want to keep doing business here but they need to find property to be able to build their expanded facility and they'd like to do it here. So tonight we are here to request the extension of the existing CLI zoning district from the Town Board and I will leave it at that and open up to you. Do you have any questions or do you like to continue with the Public Hearing? SUPERVISOR STROUGH-I, I'd like to continue with the Public Hearing. COUNCILMAN MCNULTY-Yes, thank you, you laid it out very well thanks. MR. FERGUSON-Thank you. SUPERVISOR STROUGH-Yes, thank you. Alright now any other member of the public wish to say something? Please indicate to me your desire to do so. I will call on you to come forward and once you sit down please identify yourself for the matter of the record. Mayor. MAYOR BILL COLLINS (Glens Falls)-I just wanted to give you a Resolution that was passed by the City of Glens Falls regarding this matter. So good evening, SUPERVISOR STROUGH-You're Mayor. MAYOR COLLINS-I am Mayor Bill Collins, Mayor of the City of Glens Falls. I've been Mayor for about 18 months and the City of Glens Falls has been very happy to work with John Strough, your Supervisor. We've collaborated on quite a few things. I think in that 18 months it's been a great start to working together. We're looking at next steps on nature trails. We've met with Queensbury and Glens Falls High School Principals or Superintendents to work on, with kids together. We have a meeting coming up next week where we actually can look at some dog control issues. So, I am very much interested in working with the Town of Queensbury and so far it's been great. But, I'm a little disappointed that in this case the City of Glens Falls instead of, and again I don't know who'd do the notification of this project, I can tell you that just with the 10-day public notice my City Clerk was notified about this project. And it was apparently the opinion of somebody at the Town that they didn't need to notify the residences of Glens Falls that are within 500 feet of this project. Instead they felt that it was sufficient is to notify the City Clerk and that it was somehow the responsibility of the City of Glens Falls to notify those residents. And you know and one of the conversations John and I have had is about, I'm looking for a zoning change in the near future for our industrial park which is been you know, Glens Falls has, I forgot the, annexed it. SUPERVISOR STROUGH-Yes you did annex it, MAYOR COLLINS-you know annexed it but we have SUPERVISOR STROUGH-and it was Veterans Park Commission... MAYOR COLLINS-right, we have in the agreement that,that for us to change the zoning that we work with the Town of Queensbury. So long before I met with my Planning Board of anybody else I spoke to John but yet at the same time I have not heard from anybody from the Town of Queensbury regarding this project so I find it a little alarming. Only the, the only residents that are within 500 feet of this project are City of Glens Falls' Residents and yet none of them, the only ones that were notified were, ended up being notified by me. So I'm disappointed. I want a relationship with the Town of Queensbury, I want to work with them, I want to make sure that in Regular Town Board Meeting, 07-10-2023, MTG#22 74 our future that both Glens Falls and the Town of Queensbury prosper together. I don't believe you can have a successful City of Glens Falls without a successful Town of Queensbury and vice versa. Right, so here's the Resolution because you notified the City of Glens Falls of this, the Common Council, so Resolution number 252 held on June 27 h at the Regular Common Council, held June 27'h we passed Resolution number 252. On the motion of Councilwoman Gooden, seconded by Councilman Landry, voting all affirmly, it was resolved that the Common Council hereby submits the following advisory opinion, that the Queensbury, the Town of Queensbury should not look in favor with the change in zoning specifically tailored for the F.W. Webb project based on the concern for environmental impact, such as the water table,to our existing infrastructure,the impact on the residents of the neighborhood as well as traffic concerns. Also, the Common Council has in question the SEQRA Review Process for this project. Voting yes for this was; Councilman Clark, Councilman Landry, Councilwoman Gooden and Councilman Lapham. I wanted you all to see that and read it into the record and then I will allow everybody else to speak. Any questions? SUPERVISOR STROUGH-No, thank you. MAYOR COLLINS-Thank you. SUPERVISOR STROUGH-Yes, Peter PETER MCDEVITT (Glens Falls Rep)-I will try to be brief John okay. Good evening Supervisor Strough and Queensbury Town Board Members. For the record my name is Peter McDevitt, I represent Ward II in Glens Falls on the Warren County Board of Supervisors. I'm here this evening to state my strong opposition to the F.W. Webb application. This project has problems on several fronts. We have potential wetlands issues which will effect both the Windy Hill and Windy Ridge subdivisions and other residents in my Ward. If this project proceeds it will irrevocably impact the quiet enjoyment of many of my constituents in their homes and properties. The proposed building will be enormous, at nearly 100,000 square feet. To put that into perspective, that is the size of some Walmart Super Centers. The lighting and noise that will come from a site like this is very concerning to me as a Supervisor and I know that it is also a concern to our already burdened tax payers. The applicant erroneously stated that the parcel border's moderate density single family zoning. This may be the zoning classification for adjacent properties in Queensbury but the residential properties that this will effect in the City of Glens Falls on Windy Hill and Windy Ridge Roads are in a low density single family zone, the most restrictive residential zone in the Code. Queensbury Comprehensive Land Use Plan clearly states that industrial uses should be focused on the airport and in the four Empire Zones. Neither of these designations apply to this property. While all of this is important I will tell you what is of most concern to me and if this project proceeds it is an accident waiting to happen. As you are traveling Southeast from the direction of Cumberland Farms to the proposed site, which is on your right hand side, there's a blind spot creating and enormous risk to public safety. If a delivery vehicle or an 18-wheeler is attempting to take a left hand turn out of this site vehicles traveling at the posted speed of 40 miles per hour could be seriously impacted. I'd ask each of you to drive by there,proceeding from the traffic light of Ridge and Quaker, going at the posted speed limit and see how quickly you are on the driveway to this site. There is no time for a car or truck to safely brake and there is certainly no time for an 18-wheeler to safely take a left onto Quaker. Add winter months, a little ice and snow to the mix and we will all have major problems on our hands. I ask you to please carefully deliberate this project as I believe the negative components far outweigh the positive. I thank all of you for your continued service to the fine community of Queensbury SUPERVISOR STROUGH-Alright thank you. COUNCILMAN MCNULTY-Thanks Peter. BOB LANDRY (Glens Falls Rep)-Okay, I'd like to enter into the record a Petition, signed by residents of the City of Glens Falls predominantly the Windy Hill District in opposition to the zoning change of the parcel in question. DEPUTY TOWN CLERK MURPHY-Requested a copy of the Petition for the record. MR. LANDRY-Good evening. My name is Bob Landry. I'm a resident 71 Lexington Avenue in the City of Glens Falls. I'm also the elected Ward Councilperson for the Second Ward of the City of Glens Falls. I represent the majority of people here tonight from the City and their concerns Regular Town Board Meeting, 07-10-2023, MTG#22 75 regarding the proposed F.W. Webb regional distribution project on Quaker Road which borders the City of Glens Falls and one of the City's premier high paying tax areas and the requested zone change for the parcel is to be located on. I've had many meetings, emails, visits and discussions with everybody involved from the present property owners to the legislative bodies like yours to bordering residential residents and management from F.W. Webb and the one thing that sticks in my mind is this; in a meeting with people from this Board, the County Board of Super, or representative from the County Board of Supervisors, residents of Windy Hill and Windy Ridge, management of F.W. Webb and representatives from their developers, an A and T, A and E Team, I was told by Supervisor Strough and I quote"It could be worse Bob, They could place a COSTCO Store here as its zoned" and I am very aware of that. Could be worse is the thing that bothers me. To me that acknowledges that's it's a bad idea, but it could be worse. Here's why I feel, the City feels and definitely these neighbors residing near this project,that it's a bad deal. They think it's a bad deal. The impact to the surrounding Wetlands, not from water quality per say, but from water level will keep residential sump pumps running forever. Flooding the backyards of some of the residents, remember these are your neighbors too. The City of Glens Falls is in the process of developing the former Glens Falls Swim and Tennis property along with a number adjoining properties into what will be a regional environmental education park. We love and use your Hovey Pond Park and your Rush Pond Reserve, which by the way was greatly enhanced by the cooperation between the City and Town in our Watershed, and we want to develop another one. But that project could be limited if not eliminated by this projects effects on these adjoining wetlands. The City of Glens Falls has always had issues with their storm and sewer system in Windy Hill/Windy Ridge area due to the already increased level of the water table in that area. A situation that has cost the City millions of dollars to try to remediate and that will only get worse if the water level continues to rise. That's bad enough, we can't afford to have it get any worse. Now let's talk about traffic. To my knowledge the County is responsible for Quaker Road to the best, the best of my knowledge. That road does a pretty good job with moving commuters and trucks through your Town and around our City. If you are familiar with the area and I am because I have been living along the Quaker Road Corridor for 46 years, I acknowledge what Supervisor McDevitt said. When you head East from the intersection of Quaker Roads the road goes from two lanes quickly to one lane because of the narrowing of the road. My recollection on this was that the road needed to be narrowed there as it travels through the Halfway Brook Wetlands that were on both sides of the Road. People use that light as the beginning of a race lane to see who can be the first car to take the lead and be the first one to enter the narrowing of the road before the road enters a sharp blind curve and that blind curve where most people are going a speed limit of 45 miles an hour and some higher than that, is the entrance to this proposed project. How are tractor trailers going to make that turn into this property within that blind curve? Better yet how do those tractor trailers get back out on Quaker Road when they leave? If you allow a left hand turn towards I-87 where most of these tractor trailers are going you create a strong potential for serious car, tractor trailer accident. So you could say we will make them turn right. Okay, well they turn right onto Quaker Road, they travel 300 yards, they turn right onto Sanford Street, they travel through a residential neighborhood to Ridge Street, and by the way there's an elementary school in this neighborhood and in some portions of east Sanford Street unfortunately, I have to report there's no sidewalks and then they turn right on Ridge Street and travel North on Ridge Street, even closer to that elementary school before getting back onto Quaker Road and back to I- 87. Let me state that I will not allow that to happen on my watch no matter what it takes. That's pretty bad. I can't imagine what it would be like if it got worse. Now let's talk about visual and audible concerns the residents of Windy Hill and Windy Ridge will have to live with. You can go into homes in both Windy Ridge and Windy Hill right now and look out their windows and see this clear cut piece of land even though the trees are full of leaves. I can only imagine what it's going to be like once the leaves fall. I've worked on large scale housing projects over the last 25 years and I know that it is difficult, if not impossible to mitigate visual and audible effects. And on the back of the proposed building facing these residential properties will be six tractor trailer loading docks, could be wrong about the number, maybe four but it doesn't matter everybody here knows what trucks or tractor trailers sound like when they back up that constant beep, beep, beep. Who would want that as part of their peaceful home life? No one! That's bad to think that those residents right to peaceful living would go away, but I guess it could be worse. I'm a County tax payer just like most of us in this room who approved the expenditure of County funds to the tune of millions of dollars to develop an industrial park near the Warren County Airport just for projects like this. And in my discussions with the F.W. Webb local management when we met on the site on that day they told me that they actually looked an existing building in our industrial park but it sold shortly after they looked at it. But believe me there many other parcels of land just sitting at that park designed just for projects like this that would be very suitable for this type of development Regular Town Board Meeting, 07-10-2023, MTG9 22 76 with sewer, water and gas in the ground and ready to go. Did our County economic development efforts fail to do their job and do whatever was necessary to accommodate F.W. Webb in that park? We desperately need tenants like F.W. Webb to utilize what we spent millions of dollars of County taxpayers' dollars on. Pretty bad that we may have dropped the ball on an economic development opportunity. We should look into that before we stumble again and things get worse. I will end with this. I was a member of the Queensbury Central Fire Company for 12 years and never lived in the Town of Queensbury. I was brought up to ignore this invisible Town and City line and I did what I could to help respect and work with my neighbors. It will not be in my lifetime but it's coming to when the Town of Queensbury and the City of Glens Falls will cooperate in many initiatives that jointly effect both communities in many positive ways. We all know that. It's not around the corner, but it will happen. This project is definitely not being considered under ways that respect the residents of Windy Hill and Windy Ridge, protects against the potential devaluation of property in a City that needs every penny that we collect. Places City infrastructure in jeopardy, causes a traffic disaster on Quaker Road to be in the waiting and sends the cooperative efforts of your Town and our City backwards when forward movement is needed for the benefit of the residents of the Town and of the City. Let's not let a bad situation get worse. This parcel should not be rezoned and if it is, I believe moving forward that this could become a very costly situation for the residents of the Town of Queensbury. I thank you for your time. SUPERVISOR STROUGH-Thank you. Yes, Sir. JIM HUDON-Hi, my name is Jim Hudon, I live on 209 Chestnut Ridge Road in Queensbury. I must disclose that I started working with F.W. Webb as a management consultant on continuous improvement technics using statistics and we successfully did a whole bunch of things. They are a great, great, great group of people and they provide a good service to the communities that they work in. But I'm here to make a comment, which I heard one of the comments I had heard was they needed to be in a space, in a convenient space because of retail business. Frank Webb Home Business. Which basically people go there to find out what they're going to have for faucets and what kind of sinks they're going to have and toilets and all that kind of stuff and there are some really talented people that open their eyes and help them to make good choices. But you don't get there by driving by and say oh I think I will go in there to see what they've got for a toilet. What you do is you, I remodeled one home in this community, I built two homes in this community as I moved around to different places and back here. You don't go there by just saying I'm going to go to F.W. Webb or I wouldn't have gone there. You go there because of builders and subs have relationships with various distributors and they or distributors have retail stuff available and they can guide people and Webb does a heck of a job for it but they don't need to be in some handy location. They're going to go there a couple of times and they'll go and have a cup of coffee on F.W. Webb and they will figure out what they need. So the location is not to be, it should not be, a convenient location. We went to Sawyer and getting to Sawyers is not an easy thing. You got to go down and you go up around and you park and you walk up and it's, it's just like that to go anywhere in this community. The other thing is I want to comment on is this accident ready to happen thing. And I know its two people that have already talked about it but I use data when I do things. So I went down and I measured it. I measured it just today, its .35 miles from that light to the entrance which pops up around the corner. And as you go past the red,the light you know you can be turning this way somebody can be turning the other way you could get into contact, we even had somebody shoot somebody in the gut who had a road rage situation going on they followed him around and found him to do it. So you got to go through the light, retain your visibility, you got to, got to go, see who's going to have which lane and which lane you want and by that time you are almost there. You're starting around a curve, its .35 miles and I did it at 40 miles an hour that 5.25 seconds. And you are upset maybe. Somebodies going to be upset driving through those obstacles of a light and other traffic merging with them, it's not an easy process you've got to have your eye open over here, you've got to have your eye open over there. You're not looking down the road. I don't care if the people are going right or left coming out of that place, its all of the sudden it's there. So it's a very, very, very dangerous thing and I've heard that they only have one truck. Yes, they only have one CD Truck, Central Distribution, but there's other trucks. You said, somebody said there's six doors backs there. There's people coming, they are planning a lot of people coming with trucks. So to me the whole thing there's a lot about problems with this thing but to me it just takes one truck, one bad incident. It could be you, it could be somebody you know, it could be your neighbor but the danger is a danger and I just hope you don't present it to us. SUPERVISOR STROUGH-Okay thank you. Yes, sir. Regular Town Board Meeting, 07-10-2023, MTG#22 77 TRAVIS WHITEHEAD-My name is Travis Whitehead, I'm a resident of Queensbury. Tonight F.W. Webb is asking the Board for an accommodation. It's not the first time that you've been asked for accommodations and I've seen them granted here, in many instances. Mostly when someone says I have a very small Lake lot, the septic system is not compliant with today's regulations. I don't want to abandon that lot what can I do? You usually say that you must go get the best tech available install that at your cost and you can keep your Certificate of Occupancy. That's a deal that's best for everybody. It's best for him, the owner, its best for the Lake, its best for all of us. This case is different. You have someone asking for an accommodation, obviously it'd be best for him,I'm not quite sure what the reasons might be but it's not best for the community and you've heard that over the last half hour. Zoning, which is what we are talking about today, is a fence. We go ahead and we purchase a home in an area that's residential and we expect to have like neighbors. I've been disappointed in this Board, when you allow short term rentals in, things like that. I'm having a real tough case once you let that in. There was an easy way to do it. The Code says no tourist homes, no B and B's allowed without a public hearing. There haven't been any public hearings on STRs that I am aware of. You've got that problem. What I'm saying tonight though is don't take down that fence because if you go ahead and change that zoning to Industrial you now have set a precedent. I mean they pointed out how there could be worse things that could go in there than a warehouse. Well, once you have industrial there's worse things that are worse than that that could go in there. So that wasn't much of an argument. But, in the end it's a matter of what is best for everybody and I think if you look at that, what is best for everybody and just listen to what you've heard tonight. Thank you. SUPERVISOR STROUGH-Thank you. Yes, sir. GARY MIKUTEL-My name is Gary Mikutel, I live at 7 Windy Ridge Road. SUPERVISOR STROUGH-Gary, I'm sorry, last name? MR. MIKUTEL-Mikutel. M.LK.U.T.E.L, and I did send an email and you did say you received it but the question is, did the Board read it? I mean you got eight emails, did you read them? COUNCILMAN MCNULTY-Each one. MR. MIKUTEL-Everybody read everyone? Okay, so I don't have to repeat myself on that. I brought here is, I'll just show everybody here, the wildlife that is behind my yard. SUPERVISOR STROUGH-Gary, your presentation is the Town Board. MR. MIKUTEL-Okay, I just want to give to the Board... SUPERVISOR STROUGH-Okay. MR. MIKUTEL-and if you can pass it around, that is photos I took from the backyard. There's a picture of a fox, deer, there's a heron, there's turkeys, there's snapping turtles. It is a sanctuary back there and a project like this would definitely have an impact on that land that the Town's thinking about developing. So, and then the noise factor, I think the noise factor is something that's not really talked about enough. I think everybody that's sitting behind me that lives on Windy Ridge and Windy Hill can testify when the Post Star driver for a couple years had a tail pipe that the muffler didn't work. Right? Did everybody hear that? I would know I was getting the paper on Windy Ridge when that car was going up Windy Hill. You could hear it, the sound travels, it echoes, it's just that kind of valley that we are in and now this property's going to be on top of the hill. I can't even imagine what the sounds going to sound like in traveling. You have to really look at the sound factor, not only for the residents but for the wildlife. So please vote `NO.' As I said in the letter, we operate Sprinkle Ice Cream Shop. I'm a resident six months of the year, probably more in Queensbury than I am in Glens Falls. So I mean, we do care about the environment and please, I think this project is just not going to be good. I know that tax dollars are important but I think the communities of Glens Falls and Queensbury have to work together. Thank you. SUPERVISOR STROUGH-Thank you. Yes, sir. Regular Town Board Meeting, 07-10-2023, MTG#22 78 PATRICK MALONE-Good evening my name is Patrick Malone. I live in Glens Falls. I live adjacent to the Windy Hill and Windy Ridge communities on Sanford Street. My family and I moved to this area because of the wetlands that are there and the animals that get to visit our homes every day, also the peace and tranquility and limited traffic. I know that people on this Board also care for the residents of Glens Falls as well as their own constituents and I ask you for my neighbors and my families to not move forward and re-zone this land. No one has purchased and tried to build on this land so the people who will be benefitting financially and saying it could be worse because there could be a different more noisy place if its zoned, as its zoned I feel not only alarming but repugnant and basically had the feeling of a thinly vailed passive aggressive threat that something else worse could be there if we didn't give them what they want. Thank you. SUPERVISOR STROUGH-Thank you. Yes, sir. DOUG BEATY (Queensbury-at-Large)-Supervisor Doug Beaty, I represent Queensbury for the last ten years on the County Board. I haven't seen any Queensbury Officials here. I'm not sure why or why not. I can tell you that to be a good neighbor means reaching out to other communities. Queensbury has no residential parcels being effected but Glens Falls does. And I took a ride up there the other day,that road,I was scared to death to come out by the way. That was that dangerous and I'm thinking a tractor trailer trying to pull out on Quaker from this. That's a,I guarantee within two months there'll be a major accident, guaranteed. I hate to say that but that's a no brainer. But the point is being a good neighbor. There's numerous other locations that W.F. Webb can go to. It's not like they, this is the only location, numerous. We paid millions, I forget who spoke about how much the County spent millions building up these industrial parks with tons of lots available. Already with sewer, all the necessary pieces needed to be successful. So to me we're creating a problem where no problem exists. We're going to build on wetlands which is,you've heard enough people be very concerned about their water, the water table and how their sump pumps may have to go year round. We're worried about, we're, we've already clear cut it,they've already clear cut it about I don't know 30,40 acres up there I don't know exactly like I said I took a ride last weekend up there. But we're creating a problem where no problem exists and now we're trying to find a solution. The solution is, have them go to another location that we've already paid millions for, all these different industrial parks. It's simple, it's a no brainer. And if we want to be bad citizens, and we want to be bad neighbors well then go ahead and approve it, go ahead and approve it. And I've got a lot of friends in Queensbury obviously Glens Falls and I'm here speaking for all of them not for me. It doesn't affect me in that regard other than that I'd never go there because of the safety hazard. I would never drive up there to do business because again I came out of there last week and it's a major accident waiting to happen. So let's do the right thing guys, alright ladies, let's do the right thing. It's not a, it's not a you know rocket science here. You have options, lets force W.F. Webb to be good corporate citizens and to find another location. There's plenty of them out there. Thanks a lot,I appreciate your time. Oh and I wanted to thank Mayor Collins, Supervisor McDevitt, Councilman Landry for taking the times out of their busy days along with the private citizens who took time out of their busy days to come here to express their ah, their opinions. Thank you. SUPERVISOR STROUGH-Thank you. Next, yes ma'am over there. KELLY POISSANT-Good evening, my name is Kelly Poissant and I own a... SUPERVISOR STROUGH-Kelly, would you spell that for me? MS. POISSANT-Yes, P.O.LS.S.A.N.T. SUPERVISOR STROUGH-Thank you. MS. POISSANT-I bought a home on Windy Hill and currently my daughter and her family and my grandchildren are living there and if you are all thinking that well residential's, it's only going to affect two streets worth of people I'm going to tell you the reason that my daughter and her family and I'm sure others as well chose those streets because they are dead end streets. They were quiet,there was not a lot of traffic, there was forest in the back, it was very private. So it may only effect two streets but you're really effecting what these families wanted and the purpose that they moved here for. I think it's also important to point out that,that area that you are talking about is a main thoroughfare from Glens Falls to Hudson Falls and if you travel it as often as I do you're Regular Town Board Meeting, 07-10-2023, MTG9 22 79 going to know that when you come around that corner when it reaches to one lane, they're not going 40 miles an hour. If you see that mark it down because it's unusual. They're going way faster than that on that road. It is a dangerous road already so I just kind of wanted to add that opinion and the high table, water table is another very obvious issue. I mean come look at my daughter's basement and look into her well, her a,where her sump pump is you see the water right there. It's extremely high and when Windy Ridge was put in it totally flooded Windy Hill so Windy Hill residents have already been through this once. They don't want to go through it again. Thank you. SUPERVISOR STROUGH-Thank you. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-Yes, sir. DOUG THORN-My name is Doug Thorn; I live at 24 Windy Hill Road. Thank you Supervisor for allowing us to speak tonight and encouraging the Community thoughts on this situation. From your seat I can appreciate how this Webb application can be so conflicting and difficult to sort out but here's the thing, at a moment like this you do have the benefit of having a well thought out, and I have it with me, Comprehensive Plan to look to for guidance and ultimately to support and defend your decision. On page 58 of the Town's Comprehensive Plan it states, and I quote; "re- zoning, should it need to take place should only happen if it furthers the goals of the Comprehensive Plan. All changes by State Law need to reflect the Communities Comprehensive Plan." Personally, I am struggling to locate and instance where this proposed zone change advances the goal included in the Comprehensive Plan. On the other hand, there are number of stated goals that this proposal appears to contradict. For example, the first goal of the Comprehensive Plan contains the following: Promote the protection of natural resources such as the water, air, critical environmental areas and wetlands. Later it states, "In fact" in quotes "promoting and enhancing natural resources and view shed is economically sound." This is found on page six of the Comprehensive Plan. This proposal to change the zoning does not protect the wetlands and will likely harm them. The third goal as outlined in the Plan and also on page six states as follows; "maintain safe and stable neighborhoods for all residents."This proposed zoning change has already destabilized that surrounding neighborhoods and threatens everyone's property values who lives there and of course their ability to enjoy their homes. Later in the list of the goals you find in quotes "encourage intermunicipal cooperation on issues of joint concern such as efficient cost efficient, cost effective delivery of services, environmental protection and regional economic development initiatives." This Resolution, the City's Resolution would indicate that this zoning change, the City of Glens Falls Resolution would indicate that this zoning change does not represent intermunicipal cooperation. In a larger sense the Towns Comprehensive Plan is much more than x's and o's. It is a statement of Queensbury's values. Throughout the Plan there is an emphasis on the importance of safe and friendly neighborhoods,open space and smart commercial development. Big picture stuff and very much value driven. I know we all agree that those values do not stop at the dotted line separating Glens Falls and Queensbury. We all share those values and love living in a larger community that shares them with us. Our request is that you note, is that you vote,you vote"NO"on the zoning change and focus the tech, Towns Economic Development Team on the task at hand; Finding F.W. Webb, a very good company by the way, a more suitable location. Thank you. SUPERVISOR STROUGH-Thank you. Yes, sir, ma'am. SANDRA HUTCHINSON-Good evening, we are... (unknown)-Introduce yourself. MS. HUTCHINSON AND MR. FROST-Oh, we are Sandra Hutchinson and Mark Frost. We live at the far end of Windy Ridge Road in Glens Falls and as of August 6 h of this year we will have lived in our home for 30 years. The Nemer parcel is behind our property. We believe, based on the zoning maps that it is within 500 feet of the rear boundary of our property. I previously submitted a memorandum to the Town Clerk and Town Board in relation to the originally scheduled June 19'h hearing in which I put forth numerous legal, legal objections to the re-zoning of this parcel from Commercial Intensive to Commercial Light Industrial. Shortly after receiving my memo I was advised by the Town Clerk that the hearing was being cancelled and rescheduled because of Regular Town Board Meeting, 07-10-2023, MTG#22 80 some of the concerns that I raised. Please retain that memo in the record for this hearing. We have retained Counsel who are experts in Zoning and Environmental Law, the Firm of Tooher and Barone which earlier today submitted a letter to you to be entered into the record for this hearing. Their letter outlines a number of legal infirmities with the re-zoning and with the process that has lead us to this point. In particular, they outline why re-zoning this parcel to industrial would constitute illegal spot zoning. Now, did you all receive their letter? COUNCILMAN FERONE-Yes. MS. HUTCHINS ON-B ecause I have extra copies. This is simply the wrong place not only for this particular project but for an industrial use. If approved this project will cause irreparable harm to the homeowners in our neighborhood and potentially to the neighbor, neighboring wetlands. You have a tremendous opportunity here to demonstrate leadership and find an appropriate site that will support this applicant's business goals, enhance the quality of life of the residents of Warren County and protect the environment. Please do the right thing and please do the legally correct thing. MR. FROST-I would just add it's easy and you know we all sense that this is going to be approved and it's easy to just kind of go along with that I'm asking you to think this through and rise above. This is not the proper use of rezoning. This is, this has tremendous effect, impacts that are going to be bad and you can do something about that. They're asking for an exception here and this is not a spot that should be, an exception should be granted. There are too many negative consequences to this. I'm hoping you'll do the right thing. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-Yes, thank you. Anybody else? Yes, sir. JAMES CLARK (Glens Falls Rep)-Good evening, I guess I wouldn't be doing my job if I didn't come up here and speak in front of you but I thought the Mayor, my name is James Clark, I'm the Councilman-at-Large for the City of Glens Falls. I thought the Mayor and Councilman Landry did an exceptional job explaining our position. I've worked for two Mayors previously, I've been on the Council eight years and I am in my first term as Councilman-at-Large. I've had a wonderful working relationship with Supervisor Strough and some of the members on this Board. I value your service and I value F.W. Webb and Nemer. They're great companies, great contributors to this community. The Mayor and I have sat where you've sat discussing similar situations and problems. I ask that you pause and take a good hard look at what you are considering this evening. Listen to what these people have said and work with us the City of Glens Falls and you have, even tonight you have on your agenda the approving of a contract with the Economic Development Corporation of Warren County. I encourage you to work with them, Mr. Siplon, to find a good home for F.W. Webb to expand, to continue to expand their business here in this region in the Town of Queensbury. I thank you for your service to the Town of Queensbury, its residents. I thank you for your service to the County of Warren and to this region. It's not an easy job you have to balance a lot of different things, economics, quality of life, and those are tough decisions but you are elected for a reason to make those tough decisions and I know you will do the right thing. Thank you very much. SUPERVISOR STROUGH-Alright,thank you. Anybody else like to speak to the Town Board on this matter? Yes, sir. PETE ROLAND-Good evening. My name is Pete Roland. I'm a resident of the Town of Queensbury. I loved everything I heard tonight. There was one thing that really wasn't brought up. I am a very active cyclist and that road where that traffic will become more with F.W. Webb is very easy to ride a bicycle on. It's got wide shoulders and I believe we, we need to understand that both the City of Glens Falls and the Town of Queensbury are really trying to make our community a cycling community and the more we put things like that in places where there are other options, it's not a good idea so I just wanted to say that and thank you all. SUPERVISOR STROUGH-Okay, thank you. Yes, sir. ROBERT NEMER-Good evening. My name is Robert Nemer, N.E.M.E.R. and all these folks are here tonight to speak about property we have on Quaker Road and I applaud them for their Regular Town Board Meeting, 07-10-2023, MTG#22 81 comments and their being involved. A couple things that I should point out; my brother and I bought this property from Margaret Crockwell over 35, maybe 36, maybe 37 years ago, I don't remember, and at that time there was little or no residential housing in that area and we bought it for a specific reason and that reason has changed. So we decided to hold onto the property because we thought in the future the Town was growing, the City was growing and at some point it would be a valuable reason for somebody to develop the property. Over the 35 years, about 30 years, we had every realtor, not every realtor, but most of the realtors in our area going down to Albany coming up okay, with a plan, with a client, with an idea and some of you people that live in that area have seen signs come up and be taken down and a new sign come up and be taken down. And through the years the ideas,the clients they didn't need,they didn't work for us or they didn't work for the client. 25 years ago there was a client that came up from Florida, and very nice gentleman, he wanted to put a supermarket on that property. I couldn't determine from him what it was but I guess it was either a Shop Rite or and ALDI. Okay and we came very close to putting the contact together but unfortunately he had a heart attack and he passed away. I was, I wonder 20-25 years ago how everybody would feel about a major supermarket in their area. Maybe they'd be happy maybe they wouldn't. Anyway, let me bring you up-to-date,with in the last four or five years F.W. Webb has been looking around for a property in the area. They've looked at several properties. We went back and forth, up and down on our property. I went over to where they are about a mile away from us and I looked at their, their building and the way they run their business and it was very professional, very clean, very quiet. I thought it would be a great neighbor for the property we have on Quaker Road. At the time, little did I know, what they were going to do with it, where they were going to go with it. Nor did I have any idea that the people in the neighborhood would be that upset about it and I am sorry about that. I am finding out more today than I ever did. I'm not here to tell you to,to rezone the property or not rezone the property. I am telling you that F.W. Webb would make a, would make a good, great neighbor and if it's not F.W. Webb if it's somebody else who would the people behind me approve or not approve if the, if that new person or company doesn't want to have the property rezoned. It's something that everybody should think about for the future because it is one of the last pieces of Commercial property on Quaker Road in that area that has little or no wetlands. There are some issues that were brought up and I agree with some of the issues okay and I think those issues have been brought up and addressed but I don't think the Board is at that point yet and I just wanted to give you my opinions and my sentiments and thank you very much for listening. SUPERVISOR STROUGH-Well thank you. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-Yes, ma'am. GRETCHEN TROMBLEY-Hi there. I'm Gretchen Trombley I live at Windy Hill I know that you received an email from me with some photos. I won't reiterate what I said in the email and I will try not to reiterate a lot of what has already been said tonight but one thing that's really bothering me is the `what if' situations. I don't think that it's relevant to pass ideal threats with COSTCO or a brewery or the numerous businesses that Mr. Ferguson indicated could be there. Because that's not what's in front of the Board tonight. What's in front of the Board tonight is are we going to rezone this and or are you going to rezone this and allow this to be an industrial site and as someone that has a property backed right up to that, I'm looking at trees now and I showed you the photos of what I could be looking at. Six docks with tractor trailers. So they can say what they want one or two trucks a day. Do the math, it doesn't work out. They have six docks, plus the ability to expand that with three more. In addition, there is over 100 parking spots. Who is filling those parking spots? This is planning to be a busy area and if its busy they have spoken about the traffic but they are not going to be quiet neighbors. So please think about this and vote no. SUPERVISOR STROUGH-Thank you. Anybody else? Yes, sir. CHRIS THAKKER-Hi my name is Chris Thakker; I live at 16 Windy Hill. I don't know about everybody behind me but I do know that I have three young kids at home and a newborn and they are constantly outside on Windy Hill, on Sanford, riding bikes, we're walking our dogs. There are not sidewalks on the entire road. There are not there's not a lot of street lights on that road. So I just want everybody to think about the impacts of more commercial traffic down there and I would also like to know who I should send my receipts to when I need to keep buying more sump pumps Regular Town Board Meeting, 07-10-2023, MTG#22 82 for my basement because I am tired of fixing my sump pumps and this is going to make that situation worse. Thank you. SUPERVISOR STROUGH-Okay thank you. Anybody else like to speak to the Town Board on this topic? Alright, well let me try and summarize your concerns. You're concerned about the potential for negative impacts on the adjacent wetland, flora and fauna ecosystems,your residential area. Noise pollution on site and off site, especially those with families with children that the noise pollution would not be in character with the currently quiet neighborhood and could potentially be a disruption of their peace and tranquility that they currently enjoy. Concerned about light pollution on site and off site. Concerned about home values. Concerned about storm water, flood control, higher ground water, basement flooding. Concerned about the current privacy that they enjoy. Concerned about visual impact, the potential removal of trees. The current buffer would be insufficient for a use of this character. A lot of concern about Quaker Road traffic safety, outgoing traffic will have limited site distance especially given its narrowing to two lanes in 40 miles per hour speed limits. We need more data concerning number of trucks, tractor trailers and other vehicles that will enter and exit this facility, especially concerned with tractor trailers. Also concerns that an industrial use at this location does not follow the Towns current Comprehensive Plan. The proposed change of zoning is not in accord with the Towns Comprehensive Land Use Plan and addition to land zoned residential and the wetlands that the proposed change in zoning could be considered spot zoning. That the proposed change in zoning would have an even greater negative impact than the current zoning. That the Planning Board only did a cursory review and not a hard look at the potential impacts and a SEQRA review and issuance with a Negative Declaration by the Planning Board was an error, incomplete and might be threatened with judicial review. Might be the Town Board needs a simple majority to authorize this zoning change. The Town needs to access the archaeological and historical importance of this parcel. The notification issue was brought up. Alternate sites are available and more suitable, especially industrial sites and that should be investigated. And that this could threaten current municipal cooperation matters. Alright, that's a lot of information to process and I'm going to guess the Town Board is going to feel it needs more time to have staff look into this to have Town Counsel look into this. The applicant might have responses that it figures that Town Board should consider. Am I accurate that you would like more time to access this information? COUNCILMAN FERONE-Correct. SUPERVISOR STROUGH-and review it? COUNCILMAN MCNULTY-Please. SUPERVISOR STROUGH-Okay. So I'm going to suggest and I think from what I am seeing with the Town Board that we not act on this tonight. That we leave the Public Hearing open and allow, like I said, Town staff, Town Counsel, the applicant and others to access your concerns. I think they're valid concerns and I want to thank you for bringing those forward. So, now having said that, F.W. Webb is a great company. It's located in Queensbury. Wishes to expand in Queensbury, brings good jobs, brings tax revenue, does a lot of good things for the Town. We would like them to stay in the Town of Queensbury and do what they do and what they do they do well. This is a parcel that is developable, it's on a major arterial. So all these things I think we have to look at we have to access and I think we have to be fair. So if you'd give us some time to give the fairest and best decision on this matter because it is obviously not an easy decision to make, we appreciate that and thank you for your patience. So we will keep the newspapers and you informed about where we are in this process of accessing the information you gave us tonight. Now I, having said that a lot of this would be done at Site Plan Review with the Planning Board. Our basic job is to take a look at the zoning but I think we have to as you pointed out look at the holistic picture and we're going to do that. So thank you for coming, thank you for being here. Again, I'm leaving the Public Hearing open and we're going to move on to the next agenda items. Thank you for coming though, appreciate it very much. COUNCILMAN MCNULTY-And John we had no questions to share, online. SUPERVISOR STROUGH-Oh okay, alright. Thank you Tim. DENISE THORN-Could you put this in the record? I emailed it but I didn't hear my name. Regular Town Board Meeting, 07-10-2023, MTG#22 83 DEPUTY TOWN CLERK MURPHY-I have not received this one so I will go through everything and if not I will add it. SUPERVISOR STROUGH-Okay folks, if you'll go out to the end of the room and carry on your conversations we can finish up other Town business. Thank you. NO ACTION TAKEN -PUBLIC HEARING LEFT OPEN 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) TRAVIS WHITEHEAD-Spoke regarding Resolution No. 4.5 `Resolution Authorizing Agreement with Economic Development Corporation—Warren County for 07/01/2023 —06/30/2024'. They get their funding chiefly from the County which gets its money chiefly from Queensbury and yet Queensbury goes ahead again and gives yet an additional amount. I hope you look a little harder at the budget and the tax increases next year. EDC probably should have headed this whole thing off with F.W. Webb because they should have been working with them and guided them to some better areas. One of which is the Queensbury business park just down the road which is already zoned CLI, just what they want, already has sewer, water all paid for by the taxpayers or Native Textiles off of Corinth Road in the Carey Road Industrial Park as another one. 4.0 RESOLUTIONS RESOLUTION URGING NEW YORK STATE GOVERNOR KATHY HOCHUL TO VETO LEGISLATION A.04282B/2.3505B TO MOVE CERTAIN LOCAL ELECTIONS TO EVEN-NUMBERED YEARS RESOLUTION NO.: 235, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board believes that increasing participation in the election process and reducing costs of government operations is good for our Republic, and WHEREAS, Assembly Member Amy Paul and State Senator James Skoufis reintroduced legislation A.04282B/2.3505B ("legislation") that would move local elections to even-numbered years during the 2023 legislative session, and WHEREAS, versions of this legislation were introduced in previous years and failed to reach the floor for a vote due to lack of support, and WHEREAS, after the 2022 session concluded, the bill sponsor indicated that hearings would be held on the proposal through the Election Committee process;however,no hearings were held, and WHEREAS, the legislation passed in the middle of the night on the last days of the legislative session which is counter to the idea of an open and transparent government, and Regular Town Board Meeting, 07-10-2023, MTG9 22 84 WHEREAS, the Queensbury Town Board has several concerns with this bill, and WHEREAS,this legislation usurps the Home Rule powers reserved by local governments and protected by the New York State Constitution,raising questions of legality and constitutional authority, and WHEREAS, local municipalities have had the ability to change their elections to even- numbered years for decades and have chosen not to do so, and WHEREAS, the Queensbury Town Board believes that establishing the schedule of local elections is the right of the local government and has been for more than 100 years, and WHEREAS, the Assembly Bill Sponsor indicated that she had not received any messages of support for this proposal from any of the 57 Counties and 933 Towns across New York State impacted by this legislation, and WHEREAS,this legislation excludes more than half of all New Yorkers who vote in cities and villages from the changes to Election Law, creating an inequity among New York voters, and WHEREAS, this legislation unfairly excludes the elections to offices in New York City and all other cities and villages in New York State as well as certain offices within all counties and towns, and WHEREAS, the proposed legislation circumvented the legislative committee process during this session, limiting public input and understanding of the impacts, and WHEREAS,there has been no financial or operational analysis of the impacts on local Boards of Elections, and WHEREAS,there are concerns that the current election and ballot counting technology would not be able to adequately meet the demands of the significantly increased ballot size, and WHEREAS, this will create confusion amongst voters in towns and counties across New York State, and WHEREAS, separating the elections affords voters more time and focus to better understand important local issues and provides candidates the appropriate platforms to explain their stance on issues without having to compete against national and state level campaigns, and WHEREAS, moving local elections to even-numbered years would increase the cost of campaigns for local office,reducing the number of candidates willing to invest funds into their own Regular Town Board Meeting, 07-10-2023, MTG#22 85 campaign,because the cost of media will increase to compete with national and state level campaign advertisements, and WHEREAS, there are significant legal and constitutional questions regarding the legality of this measure that have not been adequately addressed, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby urges Governor Kathy Hochul to oppose legislation A.04282B/2.3505B and utilize her veto authority to reject this proposal,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send a certified copy of this Resolution to Governor Kathy Hochul, Senate Majority Leader Andrea Stewart Cousins, Assembly Speaker Carl Heastie, Senate Minority Leader Robert Ortt, Assembly Minority Leader William Barclary, Assembly Bill Sponsor Amy Paulin, Senate Bill Sponsor James Skoufis, Senator Daniel Stec,Assemblywoman Carrie Woerner and Assemblyman Matthew Simpson and the Town Supervisor and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10'h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES Mr. Freer ABSENT: None RESOLUTION APPOINTING ROBERT RAYMOND TO TOWN OF QUEENSBURY CEMETERY COMMISSION RESOLUTION NO.: 236, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS,there is presently a vacancy on the Commission due to the recent resignation of one of the Commission members, and WHEREAS, the Cemetery Superintendent and Cemetery Commission have recommended Regular Town Board Meeting, 07-10-2023, MTG9 22 86 that the Town Board appoint Robert Raymond as a Commissioner to complete the former member's unexpired term through June 30'', 2024, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby appoints Robert Raymond to serve as a member of the Town of Queensbury Cemetery Commission through June 30'', 2024. Duly adopted this 10h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF FLYGHT SLUDGE PUMP FOR TOWN WATER DEPARTMENT AND DECLARING GA FLEET AS A SOLE SOURCE PROVIDER RESOLUTION NO.: 237, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Town of Queensbury's Water Superintendent has advised that it is necessary to purchase a Flyght Sludge Pump for the Town's Water Treatment Plant, and WHEREAS, GA Fleet supplied the Flyght Sludge Pump which was part of the original Town Water Treatment Plant Upgrade in 1996, and WHEREAS,the Water Superintendent has advised that he attempted to find pumps with solid handling capabilities from other suppliers that were supposed to be equal to the Flyght's Sludge Pump curve; however, such brand submersible solid handling pumps have failed to pump the Water Department's aluminum sludge as effectively as the original Flyght Pump, and WHEREAS, GA Fleet can provide such Flyght pump for the amount of$24,239 as set forth in GA Fleet's Quote dated June 7 h, 2023 as presented at this meeting, and WHEREAS, the Water Superintendent has therefore requested that the Town Board declare GA Fleet as a sole source provider and authorize the purchase of the needed Flyght Sludge Pump for the Water Department from GA Fleet, and WHEREAS, for the above reasons, the Town Board wishes to waive the Town Purchasing Regular Town Board Meeting, 07-10-2023, MTG9 22 87 Policy's self-imposed bidding requirement in this instance and declare GA Fleet as a sole source provider to help ensure that the Town's Water Treatment Plant will continue to operate in a safe and efficient manner, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its self-imposed bidding requirement under the Town of Queensbury's Purchasing Policy and declares GA Fleet as a sole source provider for this Flyght Sludge Pump purchase to help ensure that the Town's Water Treatment Plant will continue to operate in a safe and efficient manner, and BE IT FURTHER, RESOLVED,that the Queensbury Town Board hereby approves and authorizes the purchase of the Flyght Sludge Pump from GA Fleet for an amount not to exceed $24,239 as delineated in GA Fleet's quote dated June 7 h, 2023 substantially in the form presented at this meeting to be paid from Account No.: 040-8320-4350, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation, and the Town Supervisor, Town Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this I0h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NYS OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR VEHICLE FOR BUILDING AND CODES DEPT. RESOLUTION NO.: 238, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 07-10-2023, MTG9 22 88 WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement has advised the Town Board that he wishes to advertise for bids for the purchase of a 2023 or newer Hyundai, KONA Electric AWD or similar vehicle for the Building and Codes Department to replace an older Jeep in the Department (Town Asset No.: 9196), such vehicle to be described in bid documents/specifications to be prepared by the Director of Building and Codes Enforcement and/or Town Purchasing Agent, and WHEREAS,the Town wishes to purchase the vehicle through the New York State Office of General Services Procurement Program or through local bid, 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 bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2023 or newer Hyundai, KONA Electric AWD or similar vehicle to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the vehicle as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open,read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 10h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO DESIGN, BID AND CONSTRUCTION ADMINISTRATION Regular Town Board Meeting, 07-10-2023, MTG9 22 89 PHASES OF HIGHWAY STORAGE GARAGE REPAIR PROJECT RESOLUTION NO.: 239, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 82, 2016, the Queensbury Town Board authorized establishment of the Highway Garage Capital Project and Highway Garage Capital Project Fund 4208 and engagement of C.T. Male Associates (C.T. Male) to evaluate the feasibility of the construction of a new Town Highway Garage (Project) and by Resolution Nos: 336, 2018 and 167, 2019, the Town Board further authorized engagement of C.T. Male for services relating to the Preliminary Design and Design, Bid and Construction Administration Phases of the Project, and WHEREAS,the Town Board wishes to engage C.T.Male Associates for engineering services relating to the Design, Bid and Construction Administration Phase Services for the repair and replacement work associated with the recent vehicle impact damage to the Highway Garage Storage facility structure and overhead door elements for a sum not to exceed $39,000 as delineated in C.T. Male's letter dated June 23, 2023 and AIA G802 Amendment 02 Agreement, and WHEREAS, in Section IV, Subsection(3)(C)(2)(f)of the Town Purchasing Procedures,upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board wishes to accordingly engage the services of C.T. Male as C.T. Male has previously provided professional services related to the Project, C.T. Male's June 23, 2023 letter and AIA G802 Amendment 02 Agreement are consistent with its existing provision of services, and C.T. Male has the skill, expertise and an established familiarity with the Project which may help the Project proceed in a more expedient and efficient manner, NOW, THEREFORE, BE IT RESOLVED,that for the reasons outlined above and in these circumstances,the Queensbury Town Board hereby waives its requirement under the Town's Purchasing Policy for two (2)written quotes and authorizes and directs engagement of C.T. Male for professional engineering services related to the Design, Bid and Construction Administration Phase Services for the repair and replacement work associated with the recent damage to the Highway Garage Storage facility structure and overhead door elements for a sum not to exceed $39,000 as delineated in C.T. Male Associates' June 23, 2023 letter and AIA G802 Amendment 02 Agreement, and BE IT FURTHER, Regular Town Board Meeting, 07-10-2023, MTG#22 90 RESOLVED, that expenses for this project shall be paid for from Highway Garage Capital Project Fund 4208, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the AIA G802 Amendment 02 Agreement substantially in the form presented at this meeting and/or any necessary documentation, and the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 10h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH ECONOMIC DEVELOPMENT CORPORATION - WARREN COUNTY FOR 07/01/2023 - 06/30/2024 RESOLUTION NO.: 240, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development or retention of an industry in the community or area and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and Regular Town Board Meeting, 07-10-2023, MTG#22 91 WHEREAS, the Town Board strongly supports EDC's important mission to improve employment opportunities and economic development in the Town and therefore wishes to enter into an agreement with EDC for 07/01/2023 —06/30/2024, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County for 07/01/2023 — 06/30/2024 with funding in the amount of$114,000 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting and the Town Supervisor 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 10h day of July, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH COUNTRY ARTS CENTER RESOLUTION NO.: 241, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS,the Town Board wishes to provide funding to the North Country Arts Center in Regular Town Board Meeting, 07-10-2023, MTG#22 92 the amount of$3,000 with occupancy tax revenues received from Warren County and accordingly enter into a 2023 Agreement with the North Country Arts Center for the promotion of artists exhibitions,performances and workshops to Town and area residents and visitors, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2023 Agreement between the Town and the North Country Arts Center and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting, with funding not to exceed$3,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $3,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $3,000; and RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this IO h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FAMILY YMCA OF THE GLENS FALLS AREA RESOLUTION NO.: 242, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Family Regular Town Board Meeting, 07-10-2023, MTG9 22 93 YMCA of the Glens Falls Area to support the YMCA's provision of its Summer Day Camp experience, Camp Foothills,to underprivileged children living in the Queensbury area, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Family YMCA of the Glens Falls Area to support the YMCA's provision of its Summer Day Camp experience, Camp Foothills, to underprivileged children, with funding for the Agreement not exceeding the sum of $7,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting,with funding to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 10h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _ OF 2023 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 "SEWERS AND SEWAGE DISPOSAL" ARTICLE XVII, "DISCHARGE RESTRICTIONS" RESOLUTION NO.: 243, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2023 to amend Queensbury Town Code Chapter 136 entitled "Sewers and Sewage Disposal," Article XVII, "Discharge Restrictions," to amend §136-101 "Certain discharges prohibited or restricted,"paragraph C to update the Town's discharge limits so that they match the City of Glens Falls Sewer Treatment Facility limits, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS,the Town Board wishes to set a public hearing concerning adoption of this Local Law, Regular Town Board Meeting, 07-10-2023, MTG9 22 94 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, July 24 h, 2023 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2023, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2023 in the manner provided by law. Duly adopted this 10h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION ADDING "TK DRIVE" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 244, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,by Resolution No. 434.95,the Queensbury Town Board adopted a list of names for private driveways and roads in the Town related to the 911 addressing system, and WHEREAS,the Town Board wishes to add"TK Drive,"a private roadway/driveway located off River Street to the proposed AC Power Solar Project on the BASF property, to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "TK Drive" to the Town of Queensbury's list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Regular Town Board Meeting, 07-10-2023, MTG#22 95 Highway Department and Director of Building and Codes Enforcement to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this I0h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR TEMPORARY USE OF GURNEY LANE RECREATION AREA RESOLUTION NO.: 245, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury owns and operates a Town Park known as the Gurney Lane Recreation Area(Park), and WHEREAS,the Under the Woods Foundation,Inc. (Foundation)hosts an annual mountain bike race at the Park known as the Churney Gurney Mountain Bike Race and wishes to make beer available to the public at the Race to be conducted on August 5 h—6 h, 2023, and WHEREAS, the Foundation and the Common Roots Brewing Company(Common Roots) have agreed that Common Roots will provide the beer and oversee its sale to the public, and WHEREAS,the Town Board has determined that the proposed activities are in furtherance of a proper Town purpose and the goals of the Town's Department of Parks and Recreation, and WHEREAS, the parties wish to enter into a License Agreement setting forth the rights and responsibilities of each in connection with the Race and the sale of beer at the Park, and WHEREAS, a copy of a proposed License Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor to execute the License Agreement for Temporary Use of Gurney Lane Recreation Area between the Town of Queensbury,Under the Woods Foundation,Inc.,and Common Roots Brewing Company in substantially the form presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting, 07-10-2023, MTG#22 96 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Counsel, Town Budget Officer and/or Director of Parks and Recreation to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 10h day of July, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION AUTHORIZING SUPPORT OF WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT'S MS4 STORMWATER MANAGEMENT PROGRAM PLAN NYS CFA GRANT APPLICATION FOR MS4 VACUUM TRUCK FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 246, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Warren County Soil & Water Conservation District(WCSWCD) serves in the role of Queensbury's Stormwater Management Officer and primary contract for the Town on matters related to the MS4 Stormwater Management Program, and WHEREAS, the WCSWCD is submitting a New York State Consolidated Grant Funding application for a "Queensbury MS4 Vacuum Truck" as part of the Town's MS4 Stormwater Management Program Plan for the purchase and use of a vacuum truck for use by the Town Highway Department to provide maintenance on the Town's stormwater conveyance system including catch basins, drywells and green infrastructure projects (Project), and WHEREAS, if awarded grant funds, WCSWCD would request Town support of the Project, such support to be proposed as part of a five year grant timeline which would include: • Year 1: Town would develop and send out a competitive bid package for and purchase of the vacuum truck based on competitive bid responses; • Year 2: District staff would hold an MS4 Workshop with the vacuum truck and stormwater BMPs; • Years 2-5: Highway Department would use the vacuum truck for stormwater maintenance and track the truck's use; • Years 1-5: District staff would submit all quarterly reports and final report in year 5; and Regular Town Board Meeting, 07-10-2023, MTG#22 97 WHEREAS, the Town Board wishes to authorize its support of WCSWCD's grant application for the proposed Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies its support of the Warren County Soil & Water Conservation District (WCSWCD)'s application for a New York State Consolidated Grant Funding application for a"Queensbury MS4 Vacuum Truck" grant in partnership with the Town as part of the Town's MS4 Stormwater Management Program Plan for the purchase and use of a vacuum truck for use by the Town Highway Department, and BE IT FURTHER, RESOLVED, that should the project be awarded, the Town Board pledges the Town's support of the Project, such support to be proposed as part of a five year grant timeline which would include: • Year 1: Town would develop and send out a competitive bid package for and purchase of the vacuum truck based on competitive bid responses; • Year 2: District staff would hold an MS4 Workshop with the vacuum truck and stormwater BMPs; • Years 2-5: Highway Department would use the vacuum truck for stormwater maintenance and track the truck's use; • Years 1-5: District staff would submit all quarterly reports and final report in year 5; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or WCSWCD staff to sign any necessary documents in connection with the submission, including all applications, certifications and forms and further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Budget Officer and/or WCSWCD staff to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10h day of July, 2023, by the following vote: AYES Mr.Ferone,Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR DIVER ASSISTED Regular Town Board Meeting, 07-10-2023, MTG9 22 98 SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.:247,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 341, 2022 the Town Board adopted the 2023 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 189, 2022, the Town Board authorized engagement of Invasive Solutions Dive Company, LLC to complete an Aquatic Vegetation Management Program for Glen Lake in 2022(Program), and WHEREAS, in Chapter 3(C)(2)(f)of the Town Purchasing Procedures,upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to engage the services of Invasive Solutions Dive Company, LLC to provide two (2), 40-hour work weeks between May and October for Glen Lake for an amount not to exceed $7,605 per one harvest week per crew, and not to exceed a total amount of$15,210 for two (2) harvest weeks in accordance with Invasive Solutions Dive Company, LLC's Aquatic Invasive Plant Removal Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that for the reasons outlined above,the Queensbury Town Board hereby waives its requirement under the Town's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes engagement of Invasive Solutions Dive Company, LLC for an Aquatic Vegetation Management Program for Glen Lake in 2023 (Project)by Invasive Solutions Dive Company, LLC providing two (2), 40-hour work weeks between May and October for a total amount not to exceed $15,210 in accordance with its Aquatic Invasive Plant Removal Agreement presented at this meeting, contingent upon the Town's receipt of a proper certificate of insurance in form and amounts acceptable to the Town, and Regular Town Board Meeting, 07-10-2023, MTG9 22 99 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790- 4400 and/or take any actions necessary to provide for payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign the Aquatic Invasive Plant Removal Agreement in substantially the form presented at this meeting and/or any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this IO h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION TO AMEND 2023 TOWN BUDGET RESOLUTION NO.: 248, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2023 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1680-2031 Computer Hardware 10,000 004-1990-4400 Contingency 004-9040-8040 Workers Comp 4,630 Increase Revenue 040-0000-52680 Insurance Recovery 3,604 Regular Town Board Meeting, 07-10-2023, MTG9 22 100 Increase Appropriation 040-8310-4130 Legal Retainer 3,604 Duly adopted this IO h day of July, 2023 by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS: 06302023 AND 07112023 RESOLUTION NO.: 249, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented as Warrants: 06302023 and 07112023 with run dates of 06/29/2023 and 07/06/2023 and payment dates of 06/30/2023 and 07/11/2023 respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills presented as Warrants: 06302023 and 07112023 with run dates of 06/29/2023 and 07/06/2023 and payment dates of 06/30/2023 and 07/11/2023 totaling $392,273.08 and $1,090,712.46 respectively, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this IO h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN, AGREEMENT AND BOND FOR AC POWER 31, LLC ASSOCIATED WITH TAX MAP PARCEL NOS: 303.20-2-50 AND 303.20-2-48.1 Regular Town Board Meeting, 07-10-2023, MTG9 22 101 RESOLUTION NO.: 250, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, AC Power 31,LLC(AC Power)proposes developing a five megawatt AC solar farm facility at property located off of Warren Street(the "Project"), and WHEREAS, the Planning Board considered applications for the Project, which application materials included a Decommissioning Plan, and at its meeting of June 23rd, 2022, the Queensbury Planning Board approved Site Plan 37-2022,Freshwater Wetlands Permit 8-2022 and Special Use Permit 2-2022, and WHEREAS, during Planning Board review, the Planning Board provided all application materials, including the Decommissioning Plan, to the Town Designated Engineer for review and comment, and WHEREAS, before approving Site Plan, Freshwater Wetlands Permit and the Special Use Permit, the Town Designated Engineer provided a final letter indicating that it had no further comments on the Project indicating the application satisfied requirements under the Town Zoning Code, and WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires that Decommissioning Plans be approved by the Town Board, and WHEREAS, the following documents are presented at this meeting: 1) Decommissioning Agreement, 2) Decommissioning Plan, 3) Engineering Final Letter, and 4) Decommissioning Bond, and NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Decommissioning Plan, Decommissioning Agreement and Decommissioning Bond for AC Power 31 LLC associated with Tax Map Parcel Nos: 303.20-2-50 and 303.20-2-48.1 as delineated in the preambles of this Resolution and in substantially the same form as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town Counsel, and Regular Town Board Meeting, 07-10-2023, MTG#22 102 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this IO h day of July, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None 5.0 CORRESPONDENCE- DEPUTY TOWN CLERK MURPHY-Letter received from Hilary Stec in reference to her resignation from the County Board. Building and Codes Supervisors Monthly Report for June also received. Both on file in the Town Clerk's Office. 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) LYNN BOUCHER-Requested clarification on the date of Hilary Stec's resignation letter. Deputy Town Clerk Murphy-It was an email sent by Hilary Stec and received by the Town Clerk on June 30'h. MS. BOUCHER- Questioned the Town Board on how they planned to proceed with filling her term until the end of the year and noted this is time sensitive for receiving the formal letter of resignation to ensure that the ballot is updated accordingly. JIM CLARK-Councilman-At-Large for the City of Glens Falls. Thanked the Board for listening to the residents of Glens Falls during the Public Hearing. Noted that too often criticism is received and never the thanks. Thanked everyone for listening to the people and taking it into consideration. Reported that he has worked well with Supervisor Strough in the past and noted the symbiotic relationship between the Town,the City and the County. I appreciate the Town being their neighbors and partners and looks forward to working with the Town of Queensbury in the future. PETE ROLLAND-Recommended that when big jobs such as road paving jobs, road construction jobs and drainage jobs were being planned in neighborhoods that the residents should be notified by the Town of such jobs. STUART ALAN-Spoke regarding Resolution No. 4.5 `Resolution Authorizing Agreement with Economic Development Corporation — Warren County for 07/01/2023 — 06/30/2024'. Urged the Board to vote `No' on funding the EDC until they can address the following issues; continuous violation of the Freedom of Information Act, not allowing remote public participation to meetings, continuous refusal to sell event tickets for remote participation to events and censoring community advocates who want to inform people about the availability of the expanded Starlink internet service. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I) -NOTHING TO REPORT COUNCILMAN FREER(WARD II) Regular Town Board Meeting, 07-10-2023, MTG9 22 103 • Reported that Lake George Land Conservancy had their hike-a-thon activities to protect the land that protects the Lake and it was very well received. They had a nice after hike event on July 5 h which was a lot of fun. COUNCILMAN FERONE (WARD III) -NOTHING TO REPORT COUNCILMAN MCNULTY(WARD IV) • Referred to 27 Indiana and thanked Supervisor Strough for approaching the County Board and Supervisor Conover. Noted a fence now up around the house, they are arresting trespassers and it looks like the building will be coming down. So I thank Supervisor Strough and the County for working on that as do the neighbors of 27 Indiana. • Public participation is what these meetings are about. I learned a lot today from the residents. As Supervisor Strough said,there are some legal questions especially from the letter received today from the lawyers so that's why we had to put off a decision. We have these meetings twice a month to get public input and the Supervisors and people from Glens Falls were spot on and we appreciate hearing their thoughts. • As Lynn brought up we are going to have to talk about an approach to replace Hilary on the interim,those 89 votes are important to Queensbury and I look forward to having a discussion of how we are going to go forward with that. • Travis Whitehead left but the EDC gave us a presentation two weeks ago which was open to the public which addressed a number of issues that he raised with slides that were made available to the public and he will be able to get them of course from the Town but they are open and they do provide us with good information. SUPERVISOR STROUGH • Announced Certificate of Congratulations for Thomas Matteson for his 33 years of service and dedication to the Town of Queensbury. He worked for the water department and is now retiring. Requested that each Councilman sign the Certificate before they leave tonight. • Attended LGA's Inaugural Lake Protectors Summit on June 22nd and noted that it was very interesting. Eric Siy, President of Lake George Association talked about the economic importance of Lake George,keeping up the environment and the integrity of the Lake's water quality is of utmost importance. If not for aesthetic reasons, it's for scientific reasons and it's for monetary reasons.Want to thank the LGA for presenting and dealing with the issues facing Lake George, septic, stormwater, habs, and everything. • Attended and spoke at the Glens Falls Symphony's Independence Day Celebration called "The Celebration of Movie Magic." I especially liked the James Bond sequence. We're very lucky to have an entity like the Glens Fall Symphony. This was held at the Civic Center so thanked the City of Glens Falls and the DPW for everything they did to put this together. • Reminder that the Household Hazardous waste collection will be held on Saturday, August 26d'from 8-12 at the Queensbury Garage. You can recycle anti-freeze,pesticides,paints,even latex paint, florescent light bulbs,corrosive cleaners and so forth. They are not taking gasoline and things like that. • Reported on an article that named Lake George one of the most beautiful lakes in America and thanked the LGA for helping to keep it that way. • Thanked Lisa Adamson and she thanks our Highway Department for helping her out, she established interpreter signage in the Assembly Point area. • Construction on Quaker Road has begun and it will continue all summer. • Received thank you from the Glens Falls Senior Center to the Board and the Town of Queensbury for the $6000 to help the Center continue their Mission to improve the quality of life of those 50 and older through recreational, educational and health related programs. • I received thank you from Charles Peltz on behalf of the musicians and the whole Glens Falls Symphony family for participating in the July 4 h program which was held on July 3rd at the Glens Falls Civic Center. Regular Town Board Meeting, 07-10-2023, MTG#22 104 • Thanked the public for being here tonight, all your thoughts and what you had to say are appreciated. • Thanked TV 8, Joe Barlow, Jessie Jackson, Town Counsel Mark Schachner, Betty Murphy Deputy Town Clerk, and the Town Board Members. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 151, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 1 Oth day of July,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 BETTY MURPHY, DEPUTY TOWN CLERK II