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04-01-2024 MTG#12 Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 1 REGULAR TOWN BOARD MEETING MTG #12 APRIL 1, 2024 RES. #130-146 6:30 PM BOH #34-37 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN MICHAEL DIXON COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL Larry Paltrowitz, Esq. Mark Schachner, Esq. TOWN OFFICIALS Dave Duell, Highway Superintendent Mark Demers, Deputy Highway Superintendent Chris Harrington, Water Superintendent and Director of Wastewater Robert Scott, Water Treatment Plant Operations Engineer PRESS Look TV SUPERVISOR STROUGH called meeting to order... RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO.: 130, 2024 INTRODUCED BY. Mr. Michael Dixon 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 Executive Session to discuss in accord with Article 7, 105, f. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Duly adopted this 1st day of April, 2024, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 131, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Harrison Freer Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 2 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters back into Regular Session, no action taken. Duly adopted this 1st day of April, 2024, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE BY COUNCILPERSON MICHAEL DIXON 1.0 Queensbury Board of Health RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 132, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 1st day of April, 2024, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES: None ABSENT: None 1.1 Public Hearing- Sewage Disposal Variance Application of East Lake George House, LLC Publication Date: March 23, 2024 Supervisor Strough reviewed the application asking for variances for holding tanks to temporarily connect four future dwelling structures, each with two 2,000 gallon precast concrete holding tanks for a total of eight holding tanks, while the Rockhurst Community Sewer Project is underway and once completed to be then connected on property at 8 Seelye Road North. CONNOR DEMYER-Good evening everyone, Connor Demyer with EDP. I am here with Doug Kirkpatrick, owner of East Lake George property. To start off it is not a subdivision that we are proposing it is just a four-unit structures on the property that will go in front of the Planning and Zoning eventually. SUPERVISOR STROUGH-All right, I stand corrected. MR. DEMYER-That is all right. I just wanted to... SUPERVISOR STROUGH-Thank you for bringing our attention to that. MR. DEMYER-So we are proposing a total of eight holding tanks temporarily while the future Rockhurst Sewer is constructed and will eventually connect into those once Planning and Zoning Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 3 approvals are granted for the houses and the construction is completed. So, if you guys have any questions at all, is there anything? SUPERVISOR STROUGH-Questions for the.. COUNCILMAN METIVIER-So, in the event that this sewer district does not happen then what? MR. DEMYER-We will have to look into it. It is hard to really say there is some land that they own that we could potentially use. COUNCILMAN METIVIER-Well, I know there is certainly solutions, but is the Town going to be held liable for any of that? I mean because we are assuming that we are going to go through with this district. And we are all hoping for but in the event that it does not happen now he has eight holding tanks is that acceptable to Mr. Kirkpatrick or is? I am just, devil's advocate here. I just you know. DOUG KIRKPATRICK-Sure, I can speak to that a little bit, Doug Kirkpatrick. Our hope of course is the Rockhurst Sewer System. COUNCILMAN METIVIER-Of course. MR. KIRKPATRICK-Barring that, we do have some potential options if we needed to construct some other sources for ourselves and we do have the land for that. But, you know this is kind of a threshold to get over in order to move to the Planning phase and some of the questions we have there so you know our hope is to maintain that these will be utilized when Rockhurst Sewer District. We're certainly committed to moving forward with that,there's more testing, planning right now on our land. So, we're hoping that,that becomes a reality. It ultimately, of course if it doesn't then there are other options to readdress that if need be. COUNCILMAN METIVIER-Sure. MR. KIRKPATRICK-We prefer, to answer your question more directly, we prefer not to have long- term holding tanks. We honestly prefer the Rockhurst Sewer District up and running. COUNCILMAN METIVIER-Right. MR. KIRKPATRICK-That is the theory. COUNCILMAN METIVIER-So in the event it doesn't happen you would be open to other options for yourself, personally? MR. KIRKPATRICK-Absolutely. COUNCILMAN METIVIER-Okay. SUPERVISOR STROUGH-Other questions Town Board? Seeing none. COUNCILMAN METIVIER-Hold on, Mark. TOWN COUNSEL SCHACHNER-Before you take action, I have a question. It does not have to be now. SUPERVISOR STROUGH-All right, so let me open the public hearing. Is there any member of the public that wishes to speak to this application before the Board of Health for holding tanks? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Town Counsel. TOWN COUNSEL SCHACHNER-So, my question is, the way the request for the Resolution came to us and the way the Resolution is written the authorization is only for the temporary use of the holding tanks to be installed for a temporary use until that connection is made. So, I just want to Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 4 make sure the Board is going in with eyes open that, that is what is written. It does not have to be written that way but that is how the request came in and so that is what is in the Resolution. If that is the Board's intent great, but if your intent is different then we need to know that and modify the Resolution. COUNCILMAN FREER-Have we ever done a temporary holding tank like this? COUNCILMAN METIVIER-No. TOWN COUNSEL SCHACHNER-Not that I remember, but I only remember back to 1996. SUPERVISOR STROUGH-Do you have a suggestion for otherwise, or? TOWN COUNSEL SCHACHNER-No. I just, no. SUPERVISOR STROUGH-Just bringing it to our attention. TOWN COUNSEL SCHACHNER-I just want to make sure we are going in with our eyes open, correct. SUPERVISOR STROUGH-Okay. COUNCILMAN MCNULTY-One more question John, if I may. So, if the district does not go through and they have to come up with another plan they will still have to come to review based on whatever plan or whatever your Plan B was. So,we still will get another chance to look at it. I think where you are going with that is, hey guys understand what you are doing here. TOWN COUNSEL SCHACHNER-Very much so. COUNCILMAN MCNULTY-But, if they decide to put in an inground system they would still have to come to the Board of Health for a review so we get to see it. COUNCILMAN METIVIER-Well, I have to interject because I think you have enough land which you would not really need to come to the Board of Health for a system. MR. DEYMER-It would most likely need to go in front of you guys as for variances to get the force main across the road. If that is, you know the potential of the system. COUNICLMAN FREER-The biggest thing in my mind is the variance to have four houses on a single-family lot which is the zone that they are in. COUNCILMAN MCNULTY-As I understand. COUNCILMAN FREER-Because John assumed or at least mentioned that they were going to subdivide but that is not the plan. So, they from, I believe they will have to go to the Zoning Board for a variance for four houses on one lot. COUNCILMAN METIVIER-We talked about this and that. COUNCILMAN MCNULTY-At a workshop this was explained, Craig Brown told them what comes first the chicken or the egg? COUNCILMAN METIVIER-That is it. COUNCILMAN MCNULTY-So, it was to get this permission first. Now they got to go through that as you say that process for approval. So,this is, they are just doing what they were told to do. MR. DEYMER-Correct. COUNCILMAN MCNULTY-There is still a lot of work to do. COUNCILMAN METIVIER-So you may never do anything but unless you have this you can't do anything, that is what I understood. Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 5 COUNCILMAN DIXON-And for us as a Board, I do not know if we are considering do we want an expiration date. If it is temporary, do we have expire in two years, three years, four? TOWN COUNSEL SCHACHNER-We can. COUNCILMAN DIXON-If anybody is. MR. DEYMER-I do not think that just because construction times. It could take different for each house or you know contractor availability. I think it would be hard to put a deadline of a date. Personally, I mean I do not know how that would work. COUNCILMAN METIVIER-And based on our progress and how this whole thing is going, you know, I wouldn't want to that to the Kirkpatrick's either because we don't know where this is going to go. So, I would leave it open ended if by chance we don't get a district then we can come back and visit us, I guess. TOWN COUNSEL SCHACHNER-Just to point out the Resolution does make reference to the fact that the construction of the four homes is subject to Planning Board and ZBA review. So, that would mean none of this could ever happen. In theory, none of this could happen. COUNCILMAN DIXON-I am comfortable the way it is written. COUNCILMAN METIVIER-Yes, I am. COUNCILMAN MCNULTY-I am, as well. SUPERVISOR STROUGH-Okay. All right, with no further questions I will entertain a motion to approve the East Lake George House application for Sanitary Sewage Disposal Variance. RESOLUTION APPROVING EAST LAKE GEORGE HOUSE, LLC'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 34,2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Timothy McNulty WHEREAS, East Lake George House, LLC (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system, as the Applicant wishes to temporarily connect four(4) future dwelling structures(their construction to be approved by the Planning and Zoning Boards), each to two (2) 2,000 gallon precast concrete holding tanks, for a total use of eight (8) total holding tanks, while the Rockhurst Community Sewer Project is underway, with the holding tanks to be temporary only until the Rockhurst Community Sewer Project is complete and the structures can then be connected, on property located at 9 Seeyle Road North in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday,April 1 st,2024, and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 6 NOW,THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy;and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of East Lake George House, LLC for a variance from the Sewage Disposal Ordinance to allow installation of a holding tank system to temporarily connect four (4) future dwelling structures (their construction to be approved by the Planning and Zoning Boards),each to two(2)2,000 gallon precast concrete holding tanks,for a total use of eight(8)total holding tanks, while the Rockhurst Community Sewer Project is underway, with the holding tanks only to be temporary until the Rockhurst Community Sewer Project is complete and the structures can then be connected, on property located at 9 Seeyle Road North in the Town of Queensbury and bearing Tax Map No: 227.17-1-60, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 1st day of April,2024,by the following vote: AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None 1.2 Public Hearing- Sewage Disposal Variance Application of J&D Marina, LLC Publication Date: March 23, 2024 Supervisor Strough reviewed the proposed application and the variance that they are asking for regarding the vertical separation from the bottom of the disposal field to the groundwater. The agent for the applicant is before us, would you introduce yourself and feel free to add anything to what I just described. ERIK SANDBLOM-Erik Sandblom from SRA Engineers representing the applicant. I would just add that we feel pretty comfortable with this given the fact that the system is four hundred twenty- Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 7 four feet from the Lake. It is three hundred and eighty-four feet from the well that is on the property. We felt that was a sufficient distance to request a variance of this type. SUPERVISOR STROUGH-Okay, and there is a public hearing on this. I will open this as soon as the Town Board, do you have any questions for the applicant's agent? COUNCILMAN METIVIER-No. SUPERVISOR STROUGH-I will open the public hearing. Are there any members of the public that wish to speak to this proposed J&D Marina application for Sanitary Sewage Disposal Variance in accord with how I described it? All right, seeing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING J & D MARINA, LLC'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 35,2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Harrison Freer WHEREAS, by Resolution No.: BOH 20, 2023, the Queensbury Town Board, serving as the Town's Local Board of Health,approved the application of J&D Marina,LLC(Applicant)for variances from Town Code Chapter 136,the Town's On-Site Sewage Disposal Ordinance,to maintain an existing septic treatment system not meeting today's current requirements on Applicant's property located at 2546 State Route 9L in the Town contingent upon the Applicant installing flow monitoring equipment and if maximum daily flow exceeded 500 gallons,Applicant would further apply for an improved system to properly treat the actual flow amounts, and WHEREAS,Applicant completed such flow metering and as a result applied for an additional variance from Chapter 136 to expand the size of the soil absorption disposal field to allow a 2'vertical separation from the bottom of the disposal field to groundwater in lieu of the required 3'vertical separation, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday,April 1 st,2024, and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW,THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 8 hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of J& D Marina, LLC for a variance from the Sewage Disposal Ordinance to expand the size of the soil absorption disposal field to allow a 2' vertical separation from the bottom of the disposal field to groundwater in lieu of the required 3' vertical separation on property located at 2546 State Route 9L in the Town of Queensbury and bearing Tax Map No: 240.5- 1-26, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 1st day of April,2024,by the following vote: AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN SWAN, JR.AND CAROLYN SWAN RESOLUTION NO.: BOH 36, 2024 INTRODUCED BY. Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon 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, John Swan, Jr. and Carolyn Swan (Applicants) have applied to the Local Board of Health for variances from Chapter 136 to install a replacement enhanced treatment onsite wastewater treatment system with certain of its components to be located as follows: 1. absorption field 90'from the shoreline in lieu of the required 100'setback; 2. absorption field 9'from the house in lieu of the required 20'setback; 3. absorption field F from the easterly property line in lieu of the required 10'setback; Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 9 4. absorption field 5'from the southerly property line in lieu of the required 10'setback; 5. Fuji clean ETU 32'from the shoreline in lieu of the required 50'setback; 6. pump station 32'from the shoreline in lieu of the required 50'setback; 7. house sewer 35'from the house in lieu of the required 50'setback; 8. effluent sewer 34'from the shoreline in lieu of the required 50'setback; 9. force main 35'from the shoreline in lieu of the required 50'setback; 10. force main 5'from the house in lieu of the required 10'setback; 11. force main 6'from the southerly property line in lieu of the required 10'setback; and 12. distribution box 6'from the southerly property line in lieu of the required 10'setback; on property located at 111 Rockhurst Road in the Town of Queensbury, NOW,THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, April 15th, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Swan,Jr.and Carolyn Swan's sewage disposal variance application concerning property located at 111 Rockhurst Road in the Town of Queensbury(Tax Map No.: 227.9-1-6) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED,that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 1st day of April,2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 37, 2024 INTRODUCED BY. Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY. Mr. Timothy McNulty RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 1st day of April, 2024, by the following vote: Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 10 AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None 2.0 PUBLIC HEARING 2.1 Public Hearing- Proposed Improvement of Queensbury Consolidated Water District Facilities- States Route 9 and 254 Water Main Replacement Project Publication Date: March 23, 2024 SUPERVISOR STROUGH-We have present Chris Harrington, he is our Water Superintendent. We also have present the Deputy Water Superintendent, Robert Scott. Would you please, let me first of all let me backup a little bit. I am going to go through the twelve Resolutions before the Town Board tonight. I will go through and describe each one later after the public hearing. This is a public hearing on this Superintendent Harrington. Introduce yourself for the record and please tell us a little bit more about this project. CHRIS HARRINGTON-Thanks John. Chris Harrington the Water Superintendent at the Queensbury Water Department and this is Robert Scott, he is technically a Water Treatment Plant Operations Engineer. Robert has been on board for three weeks. So far things are going fairly well. He is here tonight to get a little feel of what the Town Government is all about. Glad to have him aboard and glad to introduce him to the Town Board and to the rest of the Town. SUPERVISOR STROUGH-Thank you for coming, Mr. Harrington and Mr. Scott. All right, so either or would you tell us, the public and the Town Board a little more about this project. MR. HARRINGTON-Yes, this is a continuation of the water main break that happened on September 5 h. Again,just a brief synopsis at 1:30 in the morning I got a call that we had water running down Upper Glen Street. I got there at 2:30 in the morning and we were able to shut down the water main which was a good thing and then I made a call to DKC Construction. It was far more than we could handle ourselves, primarily due to the traffic control and what we might not find or what we would find. Tommy Kubricky got there at 5:30 in the morning. We proceeded to work all day. I think we did a reasonable job to get the water main fixed and to control the traffic. I mean I have never seen anything where you do an eighteen wheeler doing a three point turns on Aviation Road. The exit 19 corridor is the, I believe maybe one of the busiest intersections between Albany and Plattsburgh. Okay, so I at that time I made a decision that we would have to do something fairly significant there. That pipe is not encased. Okay, I know that does not mean a lot to most non-engineers, most non-construction people but usually when you go across a major intersection like that or underneath the Interstate or what have you, you usually put the pipe in a casing. Okay and that is to protect the road. You are going to lose the pipe but at least you do not do a catastrophic damage to the road. The break that day, $75,000,just to fix that. Okay, and then there was three, two other aspects to the job. I made a decision at that point to abandon that portion of main which cost about $300,000 and then we also repaired the road which was another $300,000. Doing it at night means protection of traffic of course, for just $75,000 in itself. So, doing all that we don't have a pipe underneath the road that supplies the Upper Glen Street section from two ends. So, this is the final portion of it. The fourth stage if you will is to reconnect that pipe and place that pipe in a casing so that if we do ever have a problem if Mr. Scott has a problem down the road at least you can pull the pipe out of the casing and save the road. So,this is pretty much what this is going to do. We are relaying the pipe opposite where it is laid now. We are putting the fourteen- inch pipe in a twenty-four-inch casing. We are putting a new vault in that has a pressure regulator and we are putting in a couple of hydrants that we need also for fire protection and for a blow off if you will. So the job is estimated at coming in at $1.3 Million. We will see where it comes in. We are using ARPA Funds for $450,000 of that. We will use the Fund Balance, reasonable Fund Balance, I have to say $400,00-$500,000 and the rest we may have to borrow. Okay, I think $1.3 Million is a high number. I do not know but I guess we will see. So,this is a description of what we are going to do. We are also asking for permission to go out to bid and hopefully we will get a decent contractor and have this done by the Fall. But right now, we need to reconnect the pipe if you will to complete the fourth stage and just improve that intersection. To put a pipe across a busy Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 11 intersection like that without protection, it needs to be done. So, that is a summary of what we are going to do, what I would like to do this Summer for that intersection. SUPERVISOR STROUGH-All right, thank you before I open up the public hearing are there any questions from the Town Board? COUNCILMAN MCNULTY-This is just a comment, you talked about your actions on that night. I talked to several of the business owners around there and they were very. They called me during the day, do we have to boil water? What are we going to do? You and your staff took care of that big crack in their pipe and also kept quality water going to everyone in the Town. So, I applaud your efforts and I told you personally that you and your staff did good getting there at 2:30 in the morning and spending all day. MR. HARRINGTON-A lot of things fell into place correctly. I mean, you know Tommy Kubricky was working for us on a job and I put the call in and he was able to respond and again O'Connor Construction also helped out. So, again a lot of times with these jobs you never hear about the contractors, okay, it is the bureaucracy that did this, that and the other thing. A lot of things fell into place that day and I think it worked out. It really did work out fairly well. What could have been a really, really bad situation turned out to be, it was manageable. I will use that word it was manageable. SUPERVISOR STROUGH-Okay, all right, I will open up the public hearing. Is there anybody present tonight that would like to speak to the proposed improvement of the Queensbury Consolidated Water District Facilities at the area of States Route 9 and 254 basically a Water Main Replacement Project? Another part of the Resolution is to advertise for bids. Seeing no interest on behalf of the public, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES - STATE ROUTES 9 AND 254 WATER MAIN REPLACEMENT PROJECT AND ADVERTISEMENT FOR BIDS RESOLUTION NO.: 133, 2024 INTRODUCED BY. Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY. Mr.Anthony Metivier WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, by Resolution No.: 335, 2023, the Queensbury Town Board authorized and ratified emergency water main repairs relating to a catastrophic water main failure at the Intersection of State Routes 9 and 254, and WHEREAS, the Town Board wishes to now authorize improvement of the District's water transmission facilities to restore permanent fire flow to the commercial district located south of Quaker Road and east of Bay Road by replacing approximately 550 linear feet of 12" cast iron water main with new 14" HDPE water main (12.40-inch I.D.) to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254(Project), in accordance with Town Law §202-b, and Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 12 WHEREAS, by Resolution No.: 261, 2021, the Town Board accepted a total of $2,794,633.02 in American Rescue Plan Act(ARPA) Coronavirus Local Fiscal Recovery Grant Funds from the New York State Department of Budget, such Recovery Funds to be used in accordance with the terms and conditions to be set forth by the New York State Department of Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 and the Town Board wishes to use some of these Recovery Funds, as well as funds from the Town Water Department's Undesignated,Unassigned Fund Balance Account No.: 040-0000-0909 and/or by issuance of Bond Anticipation Note(s) (which would have to be duly authorized by a subsequent Bond Resolution), for this qualifying infrastructure investment Project, and WHEREAS, the Town Water Superintendent previously recommended that the Town Board engage the professional engineering services of Delaware Engineering, DPC (Delaware) for the design, bidding and construction administration and observation services related to the Project and by Resolution No.: 51,2024, the Town Board authorized engagement of Delaware for such services and the establishment of the State Routes 9 and 254 Water Main Repairs Capital Project No.: 252, and WHEREAS, Delaware has prepared an Engineering Report issued March 2024 concerning the Project together with an estimate of its cost, a copy of which Engineer's Report is duly filed in the Queensbury Town Clerk's Office and made available for public inspection and presented at this meeting, and WHEREAS,on March 18th,2024,subsequent to the filing of the Engineering Report with the Town Clerk, the Town Board adopted Public Hearing Order No.: 115, 2024 reciting: (a) the proposed improvements; (b) the estimated amount proposed to be expended for the improvements;(c)the fact that an Engineer's Report describing the improvements is on file in the Town Clerk's Office;and(d)the time and place of public hearing on the proposed improvements, and WHEREAS, such public hearing was duly held on Monday, April 1st, 2024 and the Town Board has considered the evidence and information provided, and WHEREAS,as detailed in the Engineering Report,this is a replacement of the water infrastructure in kind on the same site which also includes street openings and right-of-way openings to reconstruct and maintain the existing utility facilities,and therefore a Type II action under 6 NYCRR Section 617.5(c)(6)and(c)(2)of the State Environmental Quality Review Act (SEQRA) regulations and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a Town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), and WHEREAS, General Municipal Law§103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law§202-b, Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 13 NOW,THEREFORE, BE IT RESOLVED,that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to improve the water transmission facilities by replacing approximately 550 linear feet of 12" cast iron water main with new 14"HDPE water main(12.40-inch I.D.)to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Engineering Report and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Transportation; 3. the obtaining of any necessary permits or approvals from Warren County; 4. the preparation of definite plans, specifications, a careful estimate of the expense and a proposed contract for the execution of the work and adoption thereof by the Town Board; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Engineer's Report, in an amount estimated not to exceed$1,354,250, and BE IT FURTHER, BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to post and publish an advertisement for bids for this Project and as will be set forth in bid documents and specifications prepared by Delaware, the Town Water Superintendent and/or the Town Purchasing Agent, receive all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, and BE IT FURTHER, Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 14 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of April, 2024, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) HEATHER ENGWER-Spoke on Resolution 4.6 `Resolution Setting Public Hearing on Proposed Local Law No.: of 2024 to Amend Chapter 179 "Zoning" for Tax Map No.: 303.5-1-79 and to Amend Table 1: Table of Area Requirements" and Resolution 4.12 `Resolution Confirming Town Board's Intention to Provide Municipal Water Supply to Jenkinsville Area Via Preferred Route'. TOWN COUNSEL SCHACHNER-I just wanted the Board to understand that Resolution 4.12 does not constitute at this point a binding commitment. This Resolution is your intent to go that route. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF STORED TECHNOLOGY SOLUTIONS, INC. FOR SERVICES RELATED TO TRANSITION TO AND PURCHASE OF MICROSOFT 365 BUSINESS PREMIUM LICENSES AND DATTO SAAS PROTECTION RESOLUTION NO.: 134,2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, by Resolution No.: 31, 2022, the Queensbury Town Board authorized a five (5) year extension of the Agreement between the Town of Queensbury and Stored Technology Solutions, Inc., (StoredTech)for the continued provision of professional information technology services, and WHEREAS, Stored Tech has offered its professional services related to the Town's transition to Microsoft 365 Business Premium and Datto SaaS Protection for an amount of$2,565,plus $2,596 monthly, as set forth in Stored Tech's proposal presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Stored Tech for professional services in relation to the Town's transition to Microsoft 365 Business Premium and Datto SaaS Protection for an amount of $2,565, plus $2,596 monthly, as set forth in Stored Tech's proposal substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to sign any Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 15 needed documentation, with the purchase and services to be paid from the appropriate accounts as may be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to make any adjustments and prepare any documentation necessary to provide for payment, 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 actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this I"day of April, 2024, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF DANIEL MEADE FROM LABORER TO MOTOR EQUIPMENT OPERATOR(MEO) IN HIGHWAY DEPARTMENT RESOLUTION NO.: 135, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Town of Queensbury's Highway Superintendent has advised that there is currently a vacancy in the Motor Equipment Operator(MEO)position in the Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position, and WHEREAS, the Highway Superintendent recommends that the Town Board authorize the promotion of Daniel Meade from Laborer to MEO as Mr.Meade has met the qualifications and has the required job experience for the position, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Daniel Meade from Laborer to Motor Equipment Operator(MEO)in the Town Highway Department effective on or about April 2nd, 2024 at the rate of pay specified in the Collective Bargaining Agreement between the Town and CSEA Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 16 for the MEO position subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this I"day of April, 2024 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF BANDIT MODEL CHIPPER FROM GROUND EQUIPMENT, INC. FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 136, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS,the New York State Legislature adopted legislation allowing any political subdivision in New York State to"piggyback"off an existing County Bid, and WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a new Bandit Model 18XP Chipper and spare blades (Chipper) to replace a 2000 Vermeer Chipper (Town Asset No.: 3807)by the Town"piggybacking"with Ground Equipment, Inc., a participating member of the cooperative, municipal purchasing program Sourcewell Contracting, in accordance with Ground Equipment, Inc.'s 3/20/2024 Quote 9389 for the amount of$75,697.84 per Sourcewell Contract#: 050119-BAN, and WHEREAS, in accordance with NYS General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive referendum, and therefore, the Town Board wishes to authorize such capital purchase with withdrawals and expenditures from Capital Reserve No. 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent's purchase of a new Bandit Model 18XP Chipper and spare blades (Chipper) from Ground Equipment, Inc. in accordance with Ground Equipment, Inc.'s 3/20/2024 Quote 9389 substantially in the form presented at this Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 17 meeting for an amount not to exceed $75,697.84 per Sourcewell Contract#: 050119-BAN, to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures for such capital purchase are expenditures for which Capital Reserve Fund No. 64 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of appropriations and estimated revenues as follows: • 001-9901-9128-0064 Transfer to Operating Funds - $75,698; • 004-0000-55031 Interfund Revenues - $75,698; • Heavy Equipment Account No.: 004-5130-2040 - $75,698; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to either: 1) engage the services of auction company GovDeals to sell/dispose of the 2000 Vermeer Chipper(Town Asset No. 3807) and deposit any sales proceeds into the appropriate revenue account(s)in accordance with the Queensbury Town Code and New York State Laws; or 2) transfer the 2000 Vermeer Chipper to the Town's Parks and Recreation Department or any other Town Department it deems appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED,that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 1st day of April, 2024,by the following vote: Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 18 AYES Mr.Metivier,Mr.Freer,Mr.Dixon,Mr.McNulty,Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ASPHALT PAVING WORK AT GURNEY LANE RECREATION AREA/PARK BY PECKHAM ROAD CORP. RESOLUTION NO.: 137, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS,by Resolution No.:432,2023,the Queensbury Town Board authorized an increase in funding and appropriations in some of its Capital Project Funds including the Gurney Lane Recreation Area Capital Project Fund No.: 157 for certain capital improvements and maintenance projects at Gurney Lane Park(Capital Project), and WHEREAS,the New York State Legislature adopted legislation allowing any political subdivision in New York State to"piggyback"off an existing County Bid, and WHEREAS,the Town's Parks and Recreation Director(Director)has requested Town Board approval to engage Peckham Road Corp. (Peckham) for asphalt paving work as part of the authorized Capital Project by the Town"piggybacking"with Warren County in accordance with Warren County Heavy Highway Construction Bid #WC 62-21 as set forth in Peckham's Quote/Invoice 924-112 dated 3/22/24 for an amount not to exceed$59,680, and WHEREAS,the Director has advised that there may be times when Change Orders may become necessary for this Capital Project and therefore has requested authorization to approve and sign needed Change Orders up to $10,000 that he deems necessary or appropriate, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board approves and authorizes engagement of Peckham Road Corp. (Peckham) for the asphalt paving work by the Town "piggybacking" with Warren County in accordance with Warren County Heavy Highway Construction Bid#WC 62-21 as set forth in Peckham's Quote/Invoice 924- 112 dated 3/22/24 in the form substantially presented at this meeting for an amount not to exceed $59,680 to be paid from Gurney Lane Capital Construction Account No.: 157-7110-2899, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Director to approve and sign Change Orders pertaining to this Capital Project up to$10,000 that he deems necessary or appropriate, and BE IT FURTHER, Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 19 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this I"day of April, 2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2024 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO MAKE CERTAIN CHANGES REGARDING STORAGE YARDS RESOLUTION NO.: 138, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS,the Estate of George Sicard(Sicard)submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about October 23,2023 to amend Chapter 179(Zoning)of the Code of the Town of Queensbury to amend the definition of"Storage Yard"and to allow storage yards in the Commercial Light Industrial(CLI)zoning district by Special Use approval, and WHEREAS, Sicard has also submitted applications to the Planning Board for Site Plan Review and Special Use Permit approvals to allow continuation of the storage yard at the property known as 340 & 366 Queensbury Avenue, Tax Map ID: 297-.20-1-2.1, and WHEREAS,by Resolution No.: 385,2023,the Town Board referred the application to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with §179-15-040 of the Town Zoning Code, and WHEREAS, at their meeting of January 23, 2024, the Planning Board issued a SEQRA Negative Declaration on the proposed Zoning Code changes and the Site Plan and Special Use Permit applications, and WHEREAS, at the same meeting the Planning Board also issued a favorable recommendation to the Town Board on the proposed Zoning Code change, and WHEREAS,by Resolution No.: 385,2023,the Town Board also referred the application to the Warren County Planning Department for New York State General Municipal Law §239-m review, and WHEREAS, on December 1, 2023, the Town received a recommendation from the Warren County Planning Department dated 11/24/23 of"No County Impact,"and Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 20 WHEREAS,the Town Board wishes to consider adoption of Local Law No.: of 2024 A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Make Certain Changes Regarding Storage Yards as presented at this Town Board meeting, and WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED, that the 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, April 15th, 2024 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of"A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Make Certain Changes Regarding Storage Yards,"and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and posting the Notice of Public Hearing on the Town's website and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2024. Duly adopted this I"day of April,2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 21 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2024 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR TAX MAP NO. 303.5-1-79 AND TO AMEND TABLE 1: TABLE OF AREA REQUIREMENTS RESOLUTION NO.: 139, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, Foothills Builders, LLC (FB) submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about October 5, 2023 to allow for a change of zoning district designation for a parcel identified as Tax Map No: 303.5-1-79 from Commercial Intensive (CI) to Moderate Density Residential(MDR), and WHEREAS,by the same application FB is also requesting an amendment to the Zoning Code to state that Multifamily Dwellings in the Moderate Density Residential(MDR)zoning district shall be entitled to a density of six (6) dwelling units per acre, in accordance with §A183-26, subject to the following: (1) the Lot shall have a minimum gross land area of ten(10)acres; (2)the Lot shall be served by municipal water and sewer; and(3)two points of ingress and egress to the Lot shall be required from local arterial roads or collector roads, and WHEREAS,FB has also submitted applications to the Planning Board for Site Plan Review and Wetlands Permit approvals to construct sixty-four(64)multifamily dwelling units and a community building on said parcel, and WHEREAS, by Resolution No.: 365, 2023, the Town Board referred the applications to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with §179-15-040 of the Town Zoning Code, and WHEREAS, at their meeting of March 19th, 2024, the Planning Board issued a SEQRA Negative Declaration on the proposed Zoning Code changes and the Site Plan and Special Use Permit applications and also issued a favorable recommendation to the Town Board on the proposed Zoning Code change, and WHEREAS,by Resolution No.: 365,2023,the Town Board also referred the application to the Warren County Planning Department for New York State General Municipal Law §239-m review, and WHEREAS, on October 24th, 2023, the Town received a recommendation from the Warren County Planning Department dated 10/24/23 of"Approve," and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2024 to Amend Chapter 179 "Zoning" of Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation For Tax Map No. 303.5-1-79 And to Amend Table 1: Table of Area Requirements in substantially the form presented at this Town Board meeting, and Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 22 WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED, that the 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, April 15th, 2024 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of"A Local Law to Amend Chapter 179 "Zoning" of Queensbury Town Code to Amend Zoning Map to Change Zoning District Designation For Tax Map No. 303.5-1-79 And to Amend Table 1: Table Of Area Requirements,"and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and posting the Notice of Public Hearing on the Town's website and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of 2024. Duly adopted this I"day of April,2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 23 RESOLUTION AUTHORIZING DISCONTINUANCE OF PROPERTY ASSESSMENT CASE RESOLUTION NO.: 140,2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, Homestead Village LP filed an Article 7 Real Property Assessment Review case against the Town of Queensbury challenging the 2021 assessment on real property located at 200 Luzerne Road, Queensbury,New York(Tax Map Parcel Number 309.9-2-1), and WHEREAS, Homestead Village LP has agreed to discontinue the pending case without any reduction to the assessment, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town Supervisor,Town Assessor and/or Town Counsel to execute a Stipulation of Discontinuance and take any additional steps necessary to discontinue to the pending litigation. Duly adopted this Ist day of April,2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION TO AMEND 2024 TOWN BUDGET RESOLUTION NO.: 141,2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Town of Queensbury Budget Officer has duly initiated,justified and deemed compliant the following Budget Amendment Requests with Town operating procedures and accounting practices, 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 2024 Town Budget as follows: To Code Appropriation Code Appropriation $ Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 24 001-0000-0909 Fund Balance 001-7110-4400 Misc. Contractual 25,500 032-0000-0909 Fund Balance 032-1680-4335 Software 5,600 040-0000-0909 Fund Balance 040-1680-4335 Software 18,500 Duly adopted this I"day of April,2024 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR RESTROOM SKID TRAILER FOR PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 142, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS,by Resolution No.:432,2023,the Queensbury Town Board authorized an increase in funding and appropriations in some of its Capital Proj ect Funds including the Gurney Lane Recreation Area Capital Proj ect Fund No.: 157 for certain capital improvements/maintenance projects at Gurney Lane Park including funding for the purchase of a Restroom Skid Trailer(Trailer), and WHEREAS, the Town Purchasing Agent published an advertisement for bids for such Trailer as was described in bid documents/specifications prepared by the Parks and Recreation Director(Director) and/or Town Purchasing Agent and on March 26th, 2024, the Purchasing Agent duly received and opened all received bids, and WHEREAS, the Director and Purchasing Agent reviewed all received bids and have recommended that the Town Board authorize the bid award to the lowest, responsible bidder,NRT Sales, LLC, for an amount not to exceed$34,500, and WHEREAS, the Director has requested authorization to purchase needed ancillary equipment to make the Trailer Parks and Recreation Department ready for a total amount not to exceed$3,520, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby accepts and awards the bid for a Restroom Skid Trailer to the lowest, responsible bidder, NRT Sales, LLC for an amount not to exceed $34,500 as set forth in NRT Sales, LLC's 3/25/2024 Bid Proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Parks and Recreation Director to purchase needed ancillary equipment to make the Trailer Parks and Recreation Department ready for an additional amount not to exceed$3,520, and Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 25 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such truck and equipment shall be from the Gurney Lane Capital Construction Account No.: 157-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this I"day of April, 2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 04022024 RESOLUTION NO.: 143, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 04022024 with a run date of 03/28/2024 and a payment date of 04/02/2024, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 04022024 with a run date of 03/28/2024 and a payment date of 04/02/2024 totaling $1,366,057.71, 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 Ist day of April,2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 26 ABSENT: None RESOLUTION AUTHORIZING CONSULTING AGREEMENT WITH EMERGENCY MANAGEMENT RESOURCES, LLC REGARDING EMERGENCY MEDICAL SERVICES RESOLUTION NO.: 144,2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, by previous Resolution(s), the Queensbury Town Board authorized engagement of Emergency Management Resources,LLC(EMR)for provision of billing and collection of emergency services and the Town has been pleased with EMR's services, and WHEREAS, EMR has provided the Town with a Consulting Agreement for consulting services relating to the Town's emergency medical services including issues pertaining to EMS paid staffing/pay for service,for an additional term through 2025, and WHEREAS, the Town Board wishes to engage EMR for such consulting services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the Consulting Agreement with Emergency Management Resources,LLC(EMR)for consulting services relating to the Town's emergency medical services for an additional two (2) year term commencing as of January 1, 2024 through December 315t,2025, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2024 and 2025 Town Budgets to transfer $10,000 from Unappropriated Undesignated EMS Fund Balance 005- 0000-0909-4981 to Consultant Account No.: 005-3410-4720-4981 for 2024 and 2025 and take all other actions necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Consulting Agreement in substantially the form presented at this meeting and/or any other necessary documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 27 Duly adopted this 1st day of April, 2024 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION CONFIRMING TOWN BOARD'S INTENTION TO PROVIDE MUNICIPAL WATER SUPPLY TO JENKINSVILLE AREA VIA PREFERRED ROUTE RESOLUTION NO.: 145, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Queensbury Town Board has been considering future public water supply options in the eastern part of the Town to address potential environmental concerns in the Jenkinsville area, and WHEREAS, after much consideration,the Town Board wishes to confirm its intention to pursue the installation of new municipal water service along Ridge Road, Stonehurst Drive, Sunnyside Road East, Jenkinsville Road, Old Cronin Road, Mud Pond Road, Azure Drive and Rainbow Trail (the "Preferred Route"), NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby confirms its intention to pursue installation of new municipal water service in the Jenkinsville area of the Town via extension of water service along the Preferred Route as set forth above, and BE IT FURTHER, RESOLVED, that such proposed provision of new municipal water service is contingent upon the Town's subsequent formal actions, including ability to secure needed funding, State Environmental Quality Review Act(SEQRA)review and the obtaining of all needed regulatory approvals and others, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed documentation,including signing of grant applications,and the Town Supervisor and/or Town Staff to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of April, 2024 by the following vote: Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 28 AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None 5.0 CORRESPONDENCE-None 6.0 PRIVILEGE OF THE FLOOR (LIMIT - 4 MINUTES) No public comment. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY (WARD IV) • Recognized the silent majority of the Jenkinsville residents in attendance tonight. If they were to speak they would have said that they appreciate the efforts that this Board has done to bring them water to their area. They all were shaking their heads yes. • Announced he would like to be part of the EMS budget for next year. The Board does support our EMS but I think we need to pay more attention to some of their procedures and bookkeeping. I look forward to being a participant in that. COUNCILMAN DIXON (WARD III) • Paid tribute to the March 8 h Border Patrol Agents that died in the helicopter crash, Chief Warrant Officer Casey Frankoski, Chief Warrant Officer John Grassia and Jacob Pratt is injured and recovering. This tragedy does hit home, Casey Frankoski, she was engaged to one of our Queensbury residents, Anthony DeGregorio, to you and your family you have our condolences. • Mentioned Edgar Eggleston who died on Pan Am flight 103. That was thirty-six years ago, he was also a Queensbury resident. • Credited our Police who put their lives on the line every day, Firefighters, and our Military. • Acknowledged that we have two heroes on our Board and out in public we have many heroes. Memorial Day is coming soon please pay your respects. Condolences to the Degregorio family and our fallen soldiers. COUNCILMAN FREER (WARD II) • Reported that the four homeowners on the west side of Western Avenue between Barber and Grant Avenue Extension are interested in having a sidewalk there. The school advocated for this to make it safer for crossing as the High School Students go to Morse Field. This will be a much-improved situation for the Town. COUNCILMAN METIVIER (WARD I) —Nothing to report. SUPERVISOR STROUGH • Attended the Zonta 100'h Anniversary Celebration, congratulated them on a wonderful organization. • Attended several of the EMS and Fire Annual Banquets this week. Recognized all the Fire Departments, they are all volunteers and the EMS Squads, who still have a significant number of volunteers that help our community. Thanked them for all that they do for us. • Announced the small brush and leaf pickup schedule is on the Town's website Highway Department page. • Thanked Joel Barlow and Jessie Jackson, Look TV, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun, the Town Board and members of the public. Executive and Regular Town Board Meeting, 04-01-2024, MTG#12 29 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 146, 2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Michael Dixon RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this I" day of April 2024, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, RMC, DEPUTY TOWN CLERK I