On the agenda: South Glens Falls September 23, 2026 Regular Village Board Meeting – DRAFT — Data Center (Sep 23)

Village of South Glens Falls
46 Saratoga Avenue, South Glens Falls, NY 12803
September 23, 2026
Regular Village Board Meeting @ 7:00 PM

Regular Village Board Meeting
MAYOR JOSEPH ORLOW PRESIDING

Minutes

Attendance:
Mayor Orlow Clerk Treasurer Samantha Berg
Trustee Baxter Alan Dubois
Trustee Carota Xavier DeRush
Trustee Comstock Reed Antis
Trustee Middleton TJ Wade
Harry Gutheil, Jr. Dan Collins
Robert Ulrich Kevin Gallagher
Mark Ward Chery! Lawyer
John Cox Tyler Corlew
Austin Reynolds Allyson Phillips
CR Harold
John R John R
John R Michael Miller
Nick Nick

The Mayor opened the meeting at 7:00 PM.

Pledge of Allegiance

Cheryl Lawyer, President - South Glens Falls Chamber of Commerce: thanked the
Village, particularly the Department of Public Works and the Police Department, for their
assistance in preparing and maintaining the park for their weekly summer concert
series. She further thanked the Village for its assistance with their annual block party
held at the Community Center.

Harry Gutheil, 21 Spring St.: asked who was currently responsible for the Department
of Public Works Superintendent position. The mayor explained that the Village was
working with the union and conducting interviews, with the expectation that an individual
would be selected shortly. He then questioned why monthly financial reports were not
included on the meeting agenda or otherwise readily available to the public. Trustee
Middleton stated that the monthly financial statements are reviewed each month and
that the Board receives them. Clerk Treasurer Berg explained OSC had advised the
Village not to, as they were subject to appropriate redactions of confidential information,
including bank account numbers.

Kevin Gallaher, 9 Larchwood Ln: expressed concern that certain items, including
discussion of water and sewer rates, had been added to the agenda after the agenda
had initially been reviewed online and why supporting materials had not been included
in the public meeting packet. Trustee Baxter explained that no changes to the rates had
been proposed since the prior workshop and that the agenda item concerned the
process for considering and adopting any potential changes. He also had questions
about matters listed for Executive Session, including a matter relating to public safety
and a possible sale of Village property. The Board discussed the importance of
protecting confidential matters while providing the public with appropriate information
when matters can legally be disclosed. The mayor stated that the matter of public safety
would be addressed as appropriate. Mr. Gutheil raised a question concerning Battery
Energy Storage Systems (BESS), including whether the Village had considered a
moratorium or other zoning provisions in light of actions being considered by other
municipalities.

Dan Collins, 6 Wedgewood Dr: asked whether the Village is participating in an
upcoming Saratoga County meeting concerning 2027 sewer rates. Trustee Baxter
explained that the meeting is only for those who are part of the Saratoga County Sewer
District No. 1.

Bob Ulrich, 3 Wedgewood Dr: asked whether questions concerning items appearing
later on the agenda should be raised during the Public Forum or when the particular
agenda item is discussed. The mayor stated that members of the public could be
recognized to ask relevant questions to seek clarification regarding matters being
considered by the Board. He then asked about follow-up from the August water and
sewer rate workshop, including issues concerning unmetered properties. The mayor
indicated that questions would be addressed when the Board reached the water and
sewer rate discussion on the agenda. Mr. Ulrich questioned the status of appointments
to the Planning Board. The mayor reported that several individuals had expressed
interest, with three individuals confirmed and additional individuals awaiting follow-up.
The mayor stated that his goal was to have the Planning Board constituted by the next
meeting. He also asked whether proposed referendums are made available to the
public for review prior to a vote. The mayor indicated that the applicable procedures and
requirements are being followed.

The mayor closed the Public Forum.

Motion 092326-1 adjourn the Regular Village Board Meeting and enter into
Executive Session with Attorney Goldberger to discuss PBA Negotiations,
Matter of Public Safety, Discuss the possible sale of parcel 37.37-1-3.1 on the
grounds that public discussion would substantially affect the value of the
property, and Notice of Claim at 7:21 pm: Trustee Baxter motioned, Trustee
Middleton seconded. All in favor, motion passed.

Motion 092326-2 to adjourn Executive Session and enter into the Regular Village
Board Meeting with no action taken at 8:08 pm: Trustee Middleton motioned,
Trustee Baxter seconded. All in favor, motion passed.

Trustee Baxter reported that the Board had only discussed PBA negotiations and the
matter of public safety. Attorney Nikas explained that the public safety matter involved
an MOU concerning cooperation between the Village Police Department, Saratoga
County Sheriffs Department, and the Saratoga County District Attorney’s Office for joint
investigations, including those involving drug trafficking. He explained that the MOU
establishes a structure for joint investigations, including a chain of command, insurance
requirements, and qualifications for participating personnel. He further stated that the
document is subject to FOIL and does not require approval by the local municipal
boards. He then stated the arrangement as a typical structure for cooperation between
a local police department and a County Sheriffs Department.

Motion 092326-3 to have the SGF Fire Department give a presentation with
discussion: Trustee Baxter motioned, Trustee Middleton seconded. All in favor,
motion passed.

Discussion: Tyler Corlew, President: explained that the Village currently owns the
existing 582 apparatus. The Village, Town, and Fire Department have been working
toward a future arrangement involving a joint fire protection district; however, an
immediate need exists to replace the existing apparatus. President Corlew reported that
it has a truck fund and, in conjunction with funding contributions from the Village and
Town, has been researching replacement options. A truck committee reviewed various
options for approximately one month and selected a 1,000-gallon KME pumper. The
apparatus is a demonstration vehicle and is currently available for purchase. He
requested authorization to proceed and have the necessary funds released. Discussion
followed regarding ownership and title of the proposed new apparatus. It was initially
anticipated that the Village would hold title; however, Attorney Nikas explained that
placing title in the Village's name would require the Village to comply with applicable
procurement requirements because the prior piggybacking provision had been
repealed. A procurement or bidding process could delay the purchase by several
months. He then advised that an alternative would be for the Fire Department to hold
title to the apparatus. He stated that, in that event, the Village, Town, and Fire
Department would need to enter into a Memorandum of Understanding (MOU)
establishing each party's financial contribution and responsibilities, as well as
addressing the disposition and ownership of the apparatus should the proposed State
legislation establishing a joint fire protection district not be approved. He stated that
representatives from the Village, Town, and Fire Department should meet to establish
the terms of the MOU. It was discussed to hold a meeting as early as the following
Monday so that the agreement could be completed and the purchase proceed.
President Corlew expressed concern regarding the urgency of replacing the existing
apparatus and stated that the proposed KME demonstration vehicle represented a
significant purchasing opportunity. It was reported that replacement of the existing
apparatus could cost $1.2 million to $1.4 million, while the Fire Department had been
offered favorable pricing on the demonstration vehicle due to other apparatus

purchases already being made. The proposed apparatus would replace a truck that was
reported to be below current NFPA standards. The Board discussed the need to
proceed as quickly as possible while ensuring that the purchase and ownership
arrangement complied with applicable legal and procurement requirements. President
Corlew further discussed the proposed purchase of a replacement fire apparatus. It was
noted that the existing apparatus is approximately 22 years old. He stated that Village
and Town funding had been discussed, and that the Fire Department would also
contribute toward the purchase. The parties had previously discussed releasing
$526,000 in Village funds toward the purchase, subject to establishing the appropriate
ownership, insurance, and legal arrangements. Attorney Nikas explained that the
remaining issue was determining the proper method for releasing the funds and
ensuring that the apparatus is titled and insured correctly. He reiterated that a
Memorandum of Understanding (MOU) between the Village, Town, and Fire
Department would establish the respective contributions and responsibilities. The Board
discussed whether an MOU could be completed at a meeting planned for the following
Monday and whether an additional Board meeting would be necessary to authorize
execution of the agreement. Attorney Nikas indicated that an emergency meeting could
be held if necessary to approve the MOU. It was confirmed that the South Glens Falls
Fire Company, Inc. would hold title to the new apparatus rather than the Village.
President Corlew explained that the vendor was currently holding the demonstration
truck but had indicated that other fire departments were also interested in purchasing it.
The Department stated that comparable new apparatus could have an estimated
delivery time of three to four years and emphasized the opportunity to obtain the
available demonstration vehicle at favorable pricing. Discussion continued about the
Fire Company's concern about entering into a purchase contract before the MOU and
funding arrangements were finalized. The Board discussed potential risks associated
with signing the purchase contract and the need to ensure that the Village and Town's
commitments were properly documented. The Board requested that the Fire
Department participate in a joint meeting with the appropriate Town representatives and
counsel to finalize the MOU. The parties agreed to continue working toward completing
the agreement as quickly as possible. President Corlew thanked the Board and
indicated that they would continue working with the Village and Town to resolve the
remaining issues.

Motion 092326-4 to approve the budget modification request for the Ferry
Boulevard project as presented by Barton & Loguidice: Trustee Baxter motioned,
Trustee Carota seconded. All in favor, motion passed.

Discussion: Clerk Treasurer Berg explained this was a modification that would allow
remaining funds in the construction portion of the project to be transferred to grant
administration and force-account expenses, thereby allowing certain payroll expenses
to be reimbursed through the grant. Additional sidewalk footage was also discussed as
part of the project.

1. Grant Projects Update

a. Motion 092326-5 to approve the modification to the Engineering
Services supplement #1 on the CDBG amended budget: Trustee
Baxter motioned, Trustee Middleton seconded. All in favor, motion
passed.

Discussion: Clerk Treasurer Berg explained that the additional grant
administration costs exceeded the original amount included in the
application and that Board approval was required for the additional
amount to be charged to the grant.

b. Motion 092326-6 to accept the EPG grant awarded by EFC and for the
mayor to sign: Trustee Baxter motioned, Trustee Middleton seconded. All
in favor, motion passed.

Discussion: The Village was awarded an Environmental Facilities
Corporation (EFC) Wastewater Infrastructure Engineering Planning Grant
(EPG) to fund a Preliminary Inflow and Infiltration (PIl) Study of
$50,000.00 to study the Village's gravity sewer infrastructure, including
potential capacity issues and inflow and infiltration. Trustee Baxter noted
the importance of identifying and reducing inflow and infiltration since the
Village pays the City of Glens Falls based on wastewater volume.

2. Motion 092326-7 to approve the $30.03 transfer from Contingency
Contractual (A 1990.400) to PBA Attorney Fees (A 1430.404): Trustee
Middleton motioned, Trustee Comstock seconded. All in favor, motion passed.
Discussion: None

3. Motion 092326-8 to approve the Bills and Payroll as Audited: Trustee Carota

motioned, Trustee Baxter seconded. All in favor, motion passed.

a. General - $34,567.64
b. Water- $10,955.93
c. Sewer- $1,601.06
d. Special - $4,250.00
e. Payroll -

i. 09/02/26 - $28,506.01

ii. 09/09/26 - $28,079.44

iii. 09/16/26 - $28,768.95

Discussion: None

4. Motion 092326-9 to receive and file the August DPW report: Trustee
Middleton motioned, Trustee Comstock seconded. All in favor, motion passed.
Discussion: Kevin Gallagher, 9 Larchwood Ln. - raised a question regarding
whether the water tower must be drained or otherwise turned over in order to
maintain appropriate chlorine levels. Trustee Baxter explained that water passes
through the tower into the distribution system and that there is adequate
turnover. Superintendent Dubois further explained that the water level in the
tower is adjusted seasonally, with the level lowered during periods of lower winter
demand to provide adequate turnover and prevent water from remaining in the
tower for excessive periods.

®

5. Motion 092326-10 to approve the adoption of a Municipal Event Vendor Fee
Waiver Policy: Trustee Carota motioned, Trustee Comstock seconded. All in
favor, motion passed.

Discussion: Attorney Nikas explained that the resolution establishes the
guidelines and findings the Board must consider when determining whether an
event fee may be waived. Discussion included the constitutional restrictions
concerning municipal gifts and the requirement that a fee waiver be supported by
a determination that the event provides a benefit to the community. The Board
discussed whether a fee could be waived for an event involving a for-profit
business. Attorney Nikas explained that the fact that an event is for-profit does
not, by itself, prohibit a fee waiver, provided the Board determines that the event
provides an overall benefit to the community. The Board also discussed
enforcement of the terms and conditions applicable to use of Village facilities,
including provisions concerning alcohol and maintaining the premises. Bob
Ulrich, 3 Wedgewood Dr. - asked who enforces the terms of the agreement.
Attorney Nikas responded that violations of applicable Village Code provisions
would be enforced by the Village Police Department.

6. Motion 092326-11 to approve the 48 Harrison Avenue Special Assessment
Resolution: Trustee Baxter motioned, Trustee Middleton seconded. All in favor,
motion passed.

Discussion: Attorney Nikas presented a written resolution that establishes the
procedure for adding certain costs incurred by the Village, including demolition
costs, to the Village tax bill for the affected property. He further explained that if
the assessment remains unpaid and the property proceeds through a tax sale,
the County will reimburse the Village in accordance with the applicable process.

7. Motion 092326-12 to approve the Resolution Authorizing the Write-Off of
Uncollectable Accounts Receivable from a Closed Business ($500.00 iHeart
Cookies): Trustee Carota motioned, Trustee Comstock seconded. Alll in favor,
motion passed.

Discussion: Attorney Nikas presented a written resolution authorizing the write-
off of an uncollectible accounts receivable balance. The Board discussed that the
balance resulted from an unpaid vendor/transient permit fee of $500 per day. The
entity, iHeart Cookies, an out-of-state LLC located in Kansas, is no longer in
business.

8. Motion 092326-13 to accept Auctions International’s bids as received for
DPW Equipment (1999 Sterling Dump truck - $1,275.00 and 1995 GMC P30
Forward Control Van - $4,450.00): Trustee Carota motioned, Trustee Baxter
seconded. All in favor, motion passed.

Discussion: None

9. Water Meter Enforcement
Motion 092326-14 to set a Public Hearing for Proposed Local Law for
Water-Meter Installation, Access, and Enforcement on November 4¢, 2026
at 6:55 pm: Trustee Baxter motioned, Trustee Middleton seconded. All in favor,
motion passed.
Discussion: Attorney Nikas presented a resolution about enforcement of the
Village's water meter requirements. He explained that the proposed procedure
establishes due process requirements for property owners who do not permit
installation or replacement of required water meters. The enforcement process
would provide for escalating violations and, if the prescribed procedures are
followed, could ultimately result in termination of water service.

10. Unfinished Business
a. Motion 092326-15 to transition the water billing to meter readings

effective October 1°, 2026, at the rates currently established in the
Village Fee Schedule: Trustee Baxter motioned, Trustee Middleton
seconded. Role Call: Baxter - Yes, Carota — No, Middleton — Yes,
Comstock — Yes. Motion passed by majority vote, 3-1.
Discussion: Trustee Baxter presented the Board’s proposal to transition
the water billing from a flat-rate system to a system based on a minimum
rate and actual meter readings, consistent with the Village Code and the
existing fee schedule starting October 1, 2026. He emphasized that this
proposal did not change the existing water rates, only the usage-based /
metered billing. Residents raised concerns about the timing of the
proposal, public notification, and the absence of a written resolution
detailing the proposed changes in the meeting materials. Trustee
Middleton discussed the seven properties without meters and that these
properties would continue to be billed under the existing flat rate until the
required meters could be installed and enforcement procedures
established. He stated that enforcement procedures would be necessary
to address these properties and that the proposed local law addressing
the enforcement was scheduled for a future public hearing. The Board
further discussed the Village's aging water infrastructure, deferred
maintenance, the need for future capital improvements, and the
importance of establishing rates that more accurately reflect water
consumption and support infrastructure investment. Trustee Baxter then
presented the Board's proposal for transitioning the sewer billing to a
usage-based system, using water meter readings and subtracting
irrigation meter readings for those that installed an irrigation meter.

The proposed sewer billing structure was discussed as follows:

e Residential and Commercial accounts: a proposed minimum charge of
$210.00 per billing cycle, including up to 25,000 gallons, with a
proposed usage rate of $3.00 per 1,000 gallons above that allowance.

e Industrial accounts: A proposed usage rate of $4.00 per 1,000 gallons
per billing cycle.

@)

e Out-of-district users: a proposed minimum charge of $358.91 per
billing cycle, including up to 25,000 gallons, with a proposed usage
rate of $4.58 per 1,000 gallons above that allowance to maintain the
existing differential between in-district and out-of-district rates.

e Unmetered sewer accounts: A proposed minimum charge of $210.00
per billing cycle.

The Board reviewed the proposed rates and discussed the calculations
and potential financial impact. Questions were raised about the minimum
charges on a per-meter basis under the existing Village Code. The Board
discussed the financial condition of the sewer fund, including the limited
remaining fund balance and the significant annual payment owed to the
City of Glens Falls for the Village’s wastewater treatment. Clerk Treasurer
Berg noted that the sewer fund could face a substantial shortfall if rates
and expenditures were not addressed. The Board discussed how to obtain
meter readings before the proposed billing date. The existing meter
technology requires personne! to visit individual properties and use a
laptop to obtain readings, which is time-consuming, particularly for
commercial properties. They discussed arranging training for designated
DPW personnel through the equipment supplier and the need to
coordinate meter readings with the Clerk Treasurer's Office for the billing
software. The Board also discussed whether readings could be obtained
shortly after October 1 and the importance of establishing a reliable
baseline for billing. The Board also discussed groundwater infiltration,
sump pump and stormwater connections, aging infrastructure, and the
ongoing work with the City of Glens Falls and other agencies to identify
and address sources of excess flow into the sewer system.

A special meeting was scheduled for Tuesday, September 29, 2026, at
5:00 p.m. to further consider the water and sewer billing matters, review
the calculations, coordinate meter-reading procedures, and determine the
appropriate sewer rate structure.

11.New Business

a. Motion 092326-16 to schedule a Public Hearing for the Proposed
Battery Energy Storage Systems (BESS) Local Law for November 4,
2026 at 6:50 pm: Trustee Baxter motioned, Trustee Middleton seconded.
Allin favor, motion passed.
Discussion: Attorney Nikas presented a proposed local law concerning a
BESS ban. He explained that BESS facilities are relatively new energy-
storage systems _ that utilize large battery installations that can store
substantial amounts of energy for use by the electric grid and the potential
safety / fire-protection concerns associated along with the Village's ability
to respond to a potential failure or emergency involving such a facility.
This proposed local law would prohibit BESS facilities in the Village.

@

i. Data Centers
Discussion: None

12. Trustee Reports: None

13.Mayor’s Report: has appointed Alan Dubois to assist in the Village’s
requirement for properly licensed water system operators.

Motion 092326-17 authorizing the mayor to execute an agreement with Alan
Dubois providing for a $500 monthly retainer, plus $50 per hour, with a
minimum of three hours for emergency response or operational services,
as necessary to assist the Village in maintaining compliance with water-
system operator requirements: Trustee Baxter motioned, Trustee Middleton
seconded. All in favor, motion passed.

Motion 092326-18 to adjourn the Regular Village Board Meeting at 10:00 pm:
Trustee Baxter motioned, Trustee Middleton seconded. All in favor, motion passed.